Terry v. Sur-Shane Realty Corp.

Appellate Division of the Supreme Court of New York

Terry v. Sur-Shane Realty Corp.

7 A.D.2d 747, 181 N.Y.S.2d 307, 1958 N.Y. App. Div. LEXIS 3873

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

DecidedDecember 15, 1958

StatusPublished

This text of 7 A.D.2d 747 (Terry v. Sur-Shane Realty 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

Terry v. Sur-Shane Realty Corp., 7 A.D.2d 747, 181 N.Y.S.2d 307, 1958 N.Y. App. Div. LEXIS 3873 (N.Y. Ct. App. 1958).

Pincite

Opinion

In an action to recover damages for personal injuries and for medical expenses and loss of services, the appeal is from an order conditionally granting respondents’ motion to relieve them of their default in serving a complaint. Order affirmed, with $10 costs and disbursements to appellant. While we do not find an improvident exercise of discretion by the Special Term in granting the motion, nonetheless, costs are allowed to appellant because respondents’ default has retarded the prompt disposition of the action. Wenzel, Acting P. J., Beldoek, Murphy, Hallinan and Kleinfeld, JJ., concur.

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In an action to recover damages for personal injuries and for medical expenses and loss of services, the appeal is from an order conditionally granting respondents’ motion to relieve them of their default in serving a complaint. Order affirmed, with $10 costs and disbursements to appellant. While we do not find an improvident exercise of discretion by the Special Term in granting the motion, nonetheless, costs are allowed to appellant because respondents’ default has retarded the prompt disposition of the action. Wenzel, Acting P. J., Beldoek, Murphy, Hallinan and Kleinfeld, JJ., concur.

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Bluebook (online)

7 A.D.2d 747, 181 N.Y.S.2d 307, 1958 N.Y. App. Div. LEXIS 3873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terry-v-sur-shane-realty-corp-nyappdiv-1958.