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Tesciuba v. Cataldo

Appellate Division of the Supreme Court of New York, First Department
Jan 14, 1993
189 A.D.2d 655 (N.Y. App. Div. 1993)

Opinion

January 14, 1993

Appeal from the Supreme Court, New York County (Robert E. White, J.).


The IAS Court did not abuse its discretion in denying plaintiff additional time pursuant to CPLR 2004 within which to make a post-trial motion for a new trial pursuant to CPLR 4404 and 4405, there being no explanation from plaintiff showing "good cause" for his lengthy delay of more than two years in seeking such an extension, and defendant having died and the Trial Judge having retired in the interim (see, St. Louis v. Willey, 92 A.D.2d 703). Moreover, there can be no review of plaintiff's claimed entitlement to a new trial without a full trial record (see, Robinson Carpenter v. Gangl, 31 A.D.2d 665). We have reviewed the plaintiff's remaining claims and find them to be without merit.

Concur — Sullivan, J.P., Milonas, Ellerin and Wallach, JJ.


Summaries of

Tesciuba v. Cataldo

Appellate Division of the Supreme Court of New York, First Department
Jan 14, 1993
189 A.D.2d 655 (N.Y. App. Div. 1993)
Case details for

Tesciuba v. Cataldo

Case Details

Full title:QUINTINO TESCIUBA, Appellant, v. ADA W. CATALDO, Respondent

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

Date published: Jan 14, 1993

Citations

189 A.D.2d 655 (N.Y. App. Div. 1993)
592 N.Y.S.2d 326

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