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

Appellate Division of the Supreme Court of the State of New York·Decided May 12, 1959·Published

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.

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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