From Casetext: Smarter Legal Research

Arvanitakis v. Realty Equities

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 1966
26 A.D.2d 825 (N.Y. App. Div. 1966)

Opinion

October 17, 1966


In a negligence action to recover damages for personal injury, medical expenses and loss of services, defendant appeals from an order of the Supreme Court, Queens County, entered May 23, 1966, which denied its motion to dismiss the complaint for lack of prosecution. Order reversed, without costs, defendant's motion granted; and complaint dismissed, without costs. Pursuant to CPLR 3216 a notice was served upon plaintiffs demanding that within 45 days thereafter they file a note of issue. Plaintiffs failed to comply with the demand and have not presented a justifiable excuse for the delay ( Forte v. Staples Constr. Co., 20 A.D.2d 562; cf. Green v. Long Is. School of Aeronautics, 12 A.D.2d 640); nor have they submitted the required affidavit of merits in opposition to the motion ( Keating v. Smith, 20 A.D.2d 141). Brennan, Acting P.J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.


Summaries of

Arvanitakis v. Realty Equities

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 1966
26 A.D.2d 825 (N.Y. App. Div. 1966)
Case details for

Arvanitakis v. Realty Equities

Case Details

Full title:STAVROULA N. ARVANITAKIS et al., Respondents, v. REALTY EQUITIES — 1961…

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

Date published: Oct 17, 1966

Citations

26 A.D.2d 825 (N.Y. App. Div. 1966)

Citing Cases

Kuroski v. Trenton-Ocean-Nevada Corp.

Order of the Supreme Court, Queens County, dated April 25, 1966, reversed, without costs, and motion to…

Kuroski v. Trenton-Ocean-Nevada Corp.

Action as against said defendants severed accordingly. Plaintiffs failed to comply with the demand and have…