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Marabella v. Lundy

Appellate Division of the Supreme Court of New York, Second Department
Apr 25, 1983
93 A.D.2d 881 (N.Y. App. Div. 1983)

Opinion

April 25, 1983


In an action to foreclose a mechanic's lien on real property, the appeal is from an order of the Supreme Court, Westchester County (Gagliardi, J.), dated November 29, 1982, which denied appellants' motion, inter alia, to dismiss the action for want of prosecution and granted plaintiff's cross motion to restore the action to the Trial Calendar. Order reversed, on the law, with $50 costs and disbursements, appellants' motion granted and plaintiff's cross motion denied. In the absence of an acceptable excuse for the failure to respond to the calendar call and an affidavit of merits, it was an abuse of discretion to restore plaintiff's action to the Trial Calendar (see Rothenberg v Parkway Exterminating Co., 90 A.D.2d 497; 22 NYCRR 675.5 [b]). Titone, J.P., Thompson, Rubin and Boyers, JJ., concur.


Summaries of

Marabella v. Lundy

Appellate Division of the Supreme Court of New York, Second Department
Apr 25, 1983
93 A.D.2d 881 (N.Y. App. Div. 1983)
Case details for

Marabella v. Lundy

Case Details

Full title:LOUIS A. MARABELLA, Respondent, v. TIMOTHY LUNDY et al., Appellants, et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 25, 1983

Citations

93 A.D.2d 881 (N.Y. App. Div. 1983)

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