Scalia v. City of New York

Appellate Division of the Supreme Court of New York

Scalia v. City of New York

25 A.D.2d 452, 268 N.Y.S.2d 980, 1966 N.Y. App. Div. LEXIS 5078

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 31, 1966

StatusPublished

This text of 25 A.D.2d 452 (Scalia v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Scalia v. City of New York, 25 A.D.2d 452, 268 N.Y.S.2d 980, 1966 N.Y. App. Div. LEXIS 5078 (N.Y. Ct. App. 1966).

Pincite

Opinion

In an action to recover damages for personal injuries, defendant Citadel Leasing Corporation appeals from an order of the Supreme Court, Kings County, entered June 25, 1965, which denied its motion to dismiss the complaint for lack of prosecution. Order reversed, without costs; motion granted and complaint dismissed, without costs. Pursuant to CPLR 3216, appellant duly served upon plaintiff’s attorneys a notice demanding that within 45 days plaintiff serve and file a note of issue. Plaintiff failed to comply with such demand and has not shown a justifiable excuse for the delay (cf. North Shore Exch. v. Home Ins. Co., 24 A D 2d 1021).

Ugketta, Acting P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.

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In an action to recover damages for personal injuries, defendant Citadel Leasing Corporation appeals from an order of the Supreme Court, Kings County, entered June 25, 1965, which denied its motion to dismiss the complaint for lack of prosecution. Order reversed, without costs; motion granted and complaint dismissed, without costs. Pursuant to CPLR 3216, appellant duly served upon plaintiff’s attorneys a notice demanding that within 45 days plaintiff serve and file a note of issue. Plaintiff failed to comply with such demand and has not shown a justifiable excuse for the delay (cf. North Shore Exch. v. Home Ins. Co., 24 A D 2d 1021).

Ugketta, Acting P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.

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Bluebook (online)

25 A.D.2d 452, 268 N.Y.S.2d 980, 1966 N.Y. App. Div. LEXIS 5078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scalia-v-city-of-new-york-nyappdiv-1966.