Legal Opinion

M. Slavin & Sons, Ltd. v. Brim Warehouse & Distribution Center, Ltd.

Appellate Division of the Supreme Court of the State of New York

Decided October 4, 1993Published

1Opinion of the Court

In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Kings County (Held, J.), dated July 30, 1991, which rejected the proposed judgment submitted by the plaintiff and dismissed its complaint as abandoned.

*505Ordered that the judgment is affirmed, without costs or disbursements.

The court did not improvidently exercise its discretion in refusing to sign the proposed judgment submitted by the plaintiff and dismissing the complaint pursuant to 22 NYCRR 202.48 as the plaintiff did not demonstrate “good cause” for its delay (see, York v…

2Cases cited2 opinions

  1. Tuller v. TullerAppellate Division of the Supreme Court of the State of New York · 1990
  2. York v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1991

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