Whitney v. Bohack Food Stores

Appellate Terms of the Supreme Court of New York

Whitney v. Bohack Food Stores

53 Misc. 2d 1022, 280 N.Y.S.2d 919, 1967 N.Y. Misc. LEXIS 1503

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 24, 1967

StatusPublished

This text of 53 Misc. 2d 1022 (Whitney v. Bohack Food Stores) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Whitney v. Bohack Food Stores, 53 Misc. 2d 1022, 280 N.Y.S.2d 919, 1967 N.Y. Misc. LEXIS 1503 (N.Y. Ct. App. 1967).

Pincite

Opinion

Per Curiam.

In view of plaintiff’s failure to present any excuse for the lack of prosecution and an affidavit of merits, her motion should have been denied (CPLR, 5015, subd. [a], par. 1; [1023]*1023Keating v. Smith, 20 A D 2d 141). Rule 14 of the Nassau County District Court Rules, authorizing the dismissal of an action which remains on the general calendar for more than a year without a notice of trial being filed, has its counterpart in CPLR 3404 and is not inconsistent with the provisions of CPLR 3216.

The order should be unanimously reversed, with $10 costs to defendant, and motion to vacate order dismissing action denied, with leave to plaintiff to renew upon proper papers within 30 days after service of a copy of the order hereon.

Concur — Martuscello, Groat and Coyle, JJ.

Order reversed, etc.

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Per Curiam.

In view of plaintiff’s failure to present any excuse for the lack of prosecution and an affidavit of merits, her motion should have been denied (CPLR, 5015, subd. [a], par. 1; [1023]*1023Keating v. Smith, 20 A D 2d 141). Rule 14 of the Nassau County District Court Rules, authorizing the dismissal of an action which remains on the general calendar for more than a year without a notice of trial being filed, has its counterpart in CPLR 3404 and is not inconsistent with the provisions of CPLR 3216.

The order should be unanimously reversed, with $10 costs to defendant, and motion to vacate order dismissing action denied, with leave to plaintiff to renew upon proper papers within 30 days after service of a copy of the order hereon.

Concur — Martuscello, Groat and Coyle, JJ.

Order reversed, etc.

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Bluebook (online)

53 Misc. 2d 1022, 280 N.Y.S.2d 919, 1967 N.Y. Misc. LEXIS 1503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitney-v-bohack-food-stores-nyappterm-1967.