Tascarella v. City of Long Beach

Appellate Division of the Supreme Court of New York

Tascarella v. City of Long Beach

80 A.D.2d 831, 436 N.Y.S.2d 345, 1981 N.Y. App. Div. LEXIS 10647

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

DecidedMarch 2, 1981

StatusPublished

This text of 80 A.D.2d 831 (Tascarella v. City of Long Beach) 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

Tascarella v. City of Long Beach, 80 A.D.2d 831, 436 N.Y.S.2d 345, 1981 N.Y. App. Div. LEXIS 10647 (N.Y. Ct. App. 1981).

Pincite

Opinion

In an action to recover damages, inter alia, for libel, false arrest and malicious prosecution, the parties cross-appeal from an order of the Supreme Court, Nassau County, dated January 23, 1980, which denied the defendants’ motion to dismiss the complaint, and the plaintiffs’ cross motion to compel acceptance of the complaint. Order modified, on the law, by deleting therefrom the provision denying the defendants’ motion and substituting therefor a provision granting the motion and dismissing the complaint. As so modified, order affirmed, with $50 costs and disbursements to the defendants. Special Term properly concluded that no acceptable excuse was offered with respect to the delay in complying with the demand for the complaint. Accordingly, the action should have been dismissed (see ' Simons v Sanford Plaza, 44 AD2d 710; Hanley v Callanan Inds., 60 AD2d 706). Mangano, J.P., Cohalan, O’Connor and Weinstein, JJ., concur.

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In an action to recover damages, inter alia, for libel, false arrest and malicious prosecution, the parties cross-appeal from an order of the Supreme Court, Nassau County, dated January 23, 1980, which denied the defendants’ motion to dismiss the complaint, and the plaintiffs’ cross motion to compel acceptance of the complaint. Order modified, on the law, by deleting therefrom the provision denying the defendants’ motion and substituting therefor a provision granting the motion and dismissing the complaint. As so modified, order affirmed, with $50 costs and disbursements to the defendants. Special Term properly concluded that no acceptable excuse was offered with respect to the delay in complying with the demand for the complaint. Accordingly, the action should have been dismissed (see ' Simons v Sanford Plaza, 44 AD2d 710; Hanley v Callanan Inds., 60 AD2d 706). Mangano, J.P., Cohalan, O’Connor and Weinstein, JJ., concur.

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Bluebook (online)

80 A.D.2d 831, 436 N.Y.S.2d 345, 1981 N.Y. App. Div. LEXIS 10647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tascarella-v-city-of-long-beach-nyappdiv-1981.

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