Legal Opinion
Gouvakis v. 490 Tenth Avenue Corp.
Appellate Division of the Supreme Court of the State of New York
Decided October 21, 1958PublishedCited by 3 opinions
1Opinion of the Court
This is an appeal from an ex parte order and a judgment entered thereon. The defendant moved to dismiss the complaint for failure to prosecute (Rules Civ. Prac., rule 156). By order dated January 6,1958, Special Term properly granted the motion. From the record it appears that the delay was unwarranted'and the plaintiff offered no justifiable excuse for his failure to proceed after the joinder of issue. Moreover, the affidavit of merits was wholly insufficient (Fiorello v. Towers Management Corp., 6 A D 2d 677; Lakowitz v. Marlin Gardens, 5 A D 2d 981; Rist v. 234 East 33rd Corp., 4 A D 2d…
2Cases cited5 opinions
- Bean v. StoddardAppellate Division of the Supreme Court of the State of New York · 1923
- Jones v. SabinAppellate Division of the Supreme Court of the State of New York · 1907
- Kogan v. Fair Waist & Dress Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Haner v. Van BurenAppellate Division of the Supreme Court of the State of New York · 1933
- Metzler v. Fidelity & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1918
3Cited by3 opinions
- State v. FullerAppellate Division of the Supreme Court of the State of New York · 1968
- Pikus v. DudleyAppellate Division of the Supreme Court of the State of New York · 1982
- Winans v. ManzAppellate Division of the Supreme Court of the State of New York · 1976