Weingrad & Weingrad v. Kevelson

Appellate Division of the Supreme Court of New York

Weingrad & Weingrad v. Kevelson

44 A.D.2d 523, 353 N.Y.S.2d 216, 1974 N.Y. App. Div. LEXIS 5482

Appellate Division of the Supreme Court of the State of New York·Decided March 14, 1974·Published

Opinion

Upon the defendant-respondent’s motion renewed upon argument of the appeal, the plaintiff-appellant’s appeal from the order of the Supreme Court, New York County, entered on June 15, 1967, and the judgment entered thereon on June 27,1967, is unanimously dismissed. Respondent shall recover of appellant $60 costs and disbursements of this appeal. The unjustifiable and prejudicial delay of over six years in perfecting the appeal requires its dismissal. Had we reached the merits of the appeal, we would have affirmed the determination of Special Term which granted the defendant’s motion for summary judgment and dismissed the complaint. Concur — Nunez, J. P., Kupferman, Murphy, Steuer and Moore, JJ.

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Upon the defendant-respondent’s motion renewed upon argument of the appeal, the plaintiff-appellant’s appeal from the order of the Supreme Court, New York County, entered on June 15, 1967, and the judgment entered thereon on June 27,1967, is unanimously dismissed. Respondent shall recover of appellant $60 costs and disbursements of this appeal. The unjustifiable and prejudicial delay of over six years in perfecting the appeal requires its dismissal. Had we reached the merits of the appeal, we would have affirmed the determination of Special Term which granted the defendant’s motion for summary judgment and dismissed the complaint. Concur — Nunez, J. P., Kupferman, Murphy, Steuer and Moore, JJ.

Weingrad & Weingrad v. Kevelson, 44 A.D.2d 523, 353 N.Y.S.2d 216, 1974 N.Y. App. Div. LEXIS 5482 (N.Y. Ct. App. 1974).

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44 A.D.2d 523 (Weingrad & Weingrad v. Kevelson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.