Smith v. 1630 Grand Avenue Corp.

Appellate Division of the Supreme Court of New York

Smith v. 1630 Grand Avenue Corp.

8 A.D.2d 705, 185 N.Y.S.2d 616, 1959 N.Y. App. Div. LEXIS 8654

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

DecidedMay 12, 1959

StatusPublished

This text of 8 A.D.2d 705 (Smith v. 1630 Grand Avenue Corp.) 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

Smith v. 1630 Grand Avenue Corp., 8 A.D.2d 705, 185 N.Y.S.2d 616, 1959 N.Y. App. Div. LEXIS 8654 (N.Y. Ct. App. 1959).

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Opinion

Order granting plaintiffs’ motion to vacate a dismissal of the complaint for lack of prosecution and vacating the judgment of dismissal entered thereon unanimously reversed, on the facts and in the exercise of discretion, with $20 costs and disbursements to defendant-appellant, and the motion denied, with $10 costs. There has been insufficient excuse presented for the delay in this case. (Gallagher v. Clafington, Inc., 7 A D 2d 627; Lakowitz v. Marlin Gardens, 5 A D 2d 981.) Concur — Botein, P. J., Rabin, Valente, McNally and Stevens, JJ.

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Order granting plaintiffs’ motion to vacate a dismissal of the complaint for lack of prosecution and vacating the judgment of dismissal entered thereon unanimously reversed, on the facts and in the exercise of discretion, with $20 costs and disbursements to defendant-appellant, and the motion denied, with $10 costs. There has been insufficient excuse presented for the delay in this case. (Gallagher v. Clafington, Inc., 7 A D 2d 627; Lakowitz v. Marlin Gardens, 5 A D 2d 981.) Concur — Botein, P. J., Rabin, Valente, McNally and Stevens, JJ.

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Bluebook (online)

8 A.D.2d 705, 185 N.Y.S.2d 616, 1959 N.Y. App. Div. LEXIS 8654, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-1630-grand-avenue-corp-nyappdiv-1959.