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Cousins v. Grant

Appellate Division of the Supreme Court of New York, Second Department
Oct 9, 1990
166 A.D.2d 494 (N.Y. App. Div. 1990)

Opinion

October 9, 1990


Appeal from the Supreme Court, Kings County (Krausman, J.).

Ordered that the order is affirmed, without costs or disbursements.

The plaintiffs have not shown a legally justifiable excuse for their failure to take proceedings against the defendant within one year after his default. In addition, there is no affidavit in the record containing an evidentiary showing that the cause of action against the defendant is meritorious. As such, the court properly dismissed the complaint as abandoned (see, CPLR 3215 [c]; Myers v. Slutsky, 139 A.D.2d 709; Chin v. Hooker, 95 A.D.2d 790; Winkelman v. H S Beer Soda Discounts, 91 A.D.2d 660). Bracken, J.P., Lawrence, Eiber, Harwood and Rosenblatt, JJ., concur.


Summaries of

Cousins v. Grant

Appellate Division of the Supreme Court of New York, Second Department
Oct 9, 1990
166 A.D.2d 494 (N.Y. App. Div. 1990)
Case details for

Cousins v. Grant

Case Details

Full title:LENNOX COUSINS et al., Appellants, v. NORIS L. GRANT, Respondent

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

Date published: Oct 9, 1990

Citations

166 A.D.2d 494 (N.Y. App. Div. 1990)
560 N.Y.S.2d 694

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