Turnier v. Asbestos Carting Corp.

Appellate Division of the Supreme Court of New York

Turnier v. Asbestos Carting Corp.

256 A.D.2d 160, 683 N.Y.S.2d 423, 1998 N.Y. App. Div. LEXIS 13779

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

DecidedDecember 15, 1998

StatusPublished

This text of 256 A.D.2d 160 (Turnier v. Asbestos Carting 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

Turnier v. Asbestos Carting Corp., 256 A.D.2d 160, 683 N.Y.S.2d 423, 1998 N.Y. App. Div. LEXIS 13779 (N.Y. Ct. App. 1998).

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Opinion

—Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or about August 1, 1997, which denied plaintiffs motion for a default judgment and granted defendant-respondent’s cross motion to dismiss the complaint for failure to take proceedings for the entry of judgment within one year after its default, unanimously affirmed, without costs.

The action was properly dismissed pursuant to CPLR 3215 (c) (see, Perricone v City of New York, 62 NY2d 661), since plaintiffs verified complaint, even when considered in conjunction with his signed but unsworn handwritten statement, fails to show a meritorious cause of action. Concur — Ellerin, J. P., Nardelli, Rubin and Saxe, JJ.

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—Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or about August 1, 1997, which denied plaintiffs motion for a default judgment and granted defendant-respondent’s cross motion to dismiss the complaint for failure to take proceedings for the entry of judgment within one year after its default, unanimously affirmed, without costs.

The action was properly dismissed pursuant to CPLR 3215 (c) (see, Perricone v City of New York, 62 NY2d 661), since plaintiffs verified complaint, even when considered in conjunction with his signed but unsworn handwritten statement, fails to show a meritorious cause of action. Concur — Ellerin, J. P., Nardelli, Rubin and Saxe, JJ.

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Bluebook (online)

256 A.D.2d 160, 683 N.Y.S.2d 423, 1998 N.Y. App. Div. LEXIS 13779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turnier-v-asbestos-carting-corp-nyappdiv-1998.

Opinion

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