Tunick v. Roaman's Inc.

Appellate Division of the Supreme Court of New York

Tunick v. Roaman's Inc.

14 A.D.2d 753, 220 N.Y.S.2d 281, 1961 N.Y. App. Div. LEXIS 8440

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

DecidedOctober 19, 1961

StatusPublished

This text of 14 A.D.2d 753 (Tunick v. Roaman's Inc.) 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

Tunick v. Roaman's Inc., 14 A.D.2d 753, 220 N.Y.S.2d 281, 1961 N.Y. App. Div. LEXIS 8440 (N.Y. Ct. App. 1961).

Pincite

Opinion

Although issue was joined on March 9, 1959, plaintiff did nothing further to prosecute this action until 20 months later, when after the instant motion to dismiss for failure to prosecute was made, she served a bill of particulars. Evidently a note of issue was not filed until sometime later, in fulfillment of a condition imposed by Special Term. No facts have been submitted showing a reasonable excuse for plaintiff’s delay in bringing this ease on for trial. Concur — Botéin, P. J., Breitel, Rabin, Valente and McNally, JJ.

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Although issue was joined on March 9, 1959, plaintiff did nothing further to prosecute this action until 20 months later, when after the instant motion to dismiss for failure to prosecute was made, she served a bill of particulars. Evidently a note of issue was not filed until sometime later, in fulfillment of a condition imposed by Special Term. No facts have been submitted showing a reasonable excuse for plaintiff’s delay in bringing this ease on for trial. Concur — Botéin, P. J., Breitel, Rabin, Valente and McNally, JJ.

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Bluebook (online)

14 A.D.2d 753, 220 N.Y.S.2d 281, 1961 N.Y. App. Div. LEXIS 8440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tunick-v-roamans-inc-nyappdiv-1961.