Tuckahoe Terrace Cooperative, Inc. v. Lal Construction Corp.

Appellate Division of the Supreme Court of New York

Tuckahoe Terrace Cooperative, Inc. v. Lal Construction Corp.

14 A.D.2d 919, 221 N.Y.S.2d 550, 1961 N.Y. App. Div. LEXIS 7821

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

DecidedNovember 20, 1961

StatusPublished

This text of 14 A.D.2d 919 (Tuckahoe Terrace Cooperative, Inc. v. Lal Construction 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

Tuckahoe Terrace Cooperative, Inc. v. Lal Construction Corp., 14 A.D.2d 919, 221 N.Y.S.2d 550, 1961 N.Y. App. Div. LEXIS 7821 (N.Y. Ct. App. 1961).

Pincite

Opinion

The facts stated in the moving papers are insufficient to show that plaintiff’s default ivas due to mistake, inadvertence, surprise or excusable neglect; nor is there any factual showing that plaintiff has a meritorious cause of action (cf. Bennett v. Dorothy Damour, Inc., 13 A D 2d 816; Heller v. Ward, 10 A D 2d 633). Furthermore, no proposed complaint was submitted alleging a valid cause of action (cf. 418 Trading Corp. v. Pelliccio, 13 A D 2d 804). Upon this record, it was an improvident exercise of discretion to grant the motion. Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.

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The facts stated in the moving papers are insufficient to show that plaintiff’s default ivas due to mistake, inadvertence, surprise or excusable neglect; nor is there any factual showing that plaintiff has a meritorious cause of action (cf. Bennett v. Dorothy Damour, Inc., 13 A D 2d 816; Heller v. Ward, 10 A D 2d 633). Furthermore, no proposed complaint was submitted alleging a valid cause of action (cf. 418 Trading Corp. v. Pelliccio, 13 A D 2d 804). Upon this record, it was an improvident exercise of discretion to grant the motion. Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.

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Bluebook (online)

14 A.D.2d 919, 221 N.Y.S.2d 550, 1961 N.Y. App. Div. LEXIS 7821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tuckahoe-terrace-cooperative-inc-v-lal-construction-corp-nyappdiv-1961.