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Korta v. Rausch Equipment Corporation

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 14, 1979
73 A.D.2d 824 (N.Y. App. Div. 1979)

Opinion

December 14, 1979

Appeal from the Erie Supreme Court.

Present — Cardamone, J.P., Simons, Schnepp, Doerr and Witmer, JJ.


Order unanimously reversed, without costs, and motion denied. Memorandum: To resist a motion to dismiss for failure to serve a complaint after a demand plaintiff must (1) show that the delay is excusable and (2) submit proof by one having knowledge that the cause of action is meritorious (Dobbins v. County of Erie, 65 A.D.2d 934, 935; Allen v. Berton, 55 A.D.2d 1049). Plaintiff has failed to satisfy either of these requirements and the court abused its discretion in granting reargument and vacating its original order dismissing the action.


Summaries of

Korta v. Rausch Equipment Corporation

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 14, 1979
73 A.D.2d 824 (N.Y. App. Div. 1979)
Case details for

Korta v. Rausch Equipment Corporation

Case Details

Full title:VICTOR P. KORTA, Respondent, v. RAUSCH EQUIPMENT CORPORATION et al.…

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

Date published: Dec 14, 1979

Citations

73 A.D.2d 824 (N.Y. App. Div. 1979)