From Casetext: Smarter Legal Research

Randolph v. Gotham Construction Corp.

Appellate Division of the Supreme Court of New York, First Department
Nov 29, 1960
12 A.D.2d 478 (N.Y. App. Div. 1960)

Opinion

November 29, 1960


Order, entered on July 15, 1960, denying the motion of defendant-appellant and third-party plaintiff to dismiss the complaint for failure to prosecute, unanimously reversed on the law and on the facts, with $20 costs and disbursements to the appellant, and the motion granted dismissing the complaint as to the defendant-appellant Gotham Construction Corporation, with $10 costs. There is no justifiable excuse shown for delay and the plaintiff failed to file the required affidavit of merits. (See Gallagher v. Claflington, Inc., 7 A.D.2d 627; De Long v. J. Rich Steers, Inc., 10 A.D.2d 705; Smith v. Doughboy's Auto Sales Corp., 10 A.D.2d 705; Barnett Co. v. St. Paul Fire Marine Ins. Co., 7 A.D.2d 897; Rist v. 234 East 33 rd Corp., 4 A.D.2d 867; Hyde Sons v. Roller Derby Skate Co., 1 A.D.2d 942.)

Concur — Rabin, J.P., Valente, McNally, Stevens and Eager, JJ.


Summaries of

Randolph v. Gotham Construction Corp.

Appellate Division of the Supreme Court of New York, First Department
Nov 29, 1960
12 A.D.2d 478 (N.Y. App. Div. 1960)
Case details for

Randolph v. Gotham Construction Corp.

Case Details

Full title:WILLIE L. RANDOLPH, Respondent, v. GOTHAM CONSTRUCTION CORP.…

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

Date published: Nov 29, 1960

Citations

12 A.D.2d 478 (N.Y. App. Div. 1960)

Citing Cases

Cassieri v. Houston Motors Auto Leasing, Inc.

Under the circumstances, it was an improvident exercise of discretion to deny the motion to dismiss the…