Banks v. Hotel Marsielles, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order so far as appealed from unanimously reversed on the facts and as a matter of discretion, with $20 costs and disbursements to the appellant, and the motion granted, with $10 costs, and judgment is directed to be entered dismissing the complaint, with costs.- No affidavit of merits is submitted nor is there a substantial showing of valid excuse or justification for the delay. (Rist v. 234 East 33rd Corp., 4 A D 2d 867; Cooper v. Schnabolk, 283 App. Div. 937.) Concur — Botein, P. J., Rabin, M. M. Frank, McNally and Stevens, JJ.
2Cases cited1 opinion
- Cooper v. SchnabolkAppellate Division of the Supreme Court of the State of New York · 1954