(DOWNLOAD) "Mary M. Mingis v. Daitch Crystal Dairies" by Supreme Court of New York # Book PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: Mary M. Mingis v. Daitch Crystal Dairies
• Author : Supreme Court of New York
• Release Date : January 03, 1969
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

[32 A.D.2d 746 Page 746] Order, entered October 9, 1968, reversed and vacated, on the law, on the facts and in the exercise of discretion, without
costs and disbursements, and plaintiff's motion to vacate dismissal and to restore action to Trial Calendar denied. Plaintiff
has shown neither a meritorious cause of action nor a reasonable excuse for the default resulting in the dismissal of the
action. This personal injury action was commenced, and issue was joined, in October, 1964. A statement of readiness was never
filed although pretrial procedures were complete by February, 1966, and a note of issue had been previously served and filed
in June, 1965. The case was marked off the calendar on June 27, 1966 and, no action having been taken within a year thereafter,
the case was dismissed on June 28, 1967 pursuant to CPLR 3404. The office failures alleged by plaintiff's attorney do not
constitute an adequate excuse for the failure to discover that a statement of readiness had not been filed. (See Tepperman
v. Peri, 29 A.D.2d 893, app. dsmd. 22 N.Y.2d 703; Filippi v. Grand Union Co., 30 A.D.2d 532; Altman v. Stichman, 31 A.D.2d
741.) Nor is there an acceptable excuse for the 15 months hiatus between the dismissal and this motion. (See Back v. Stern,
23 A.D.2d 837; Altman v. Stichman, supra.) Finally, the affidavit of merits submitted by plaintiff lacks a proper factual
showing to establish a meritorious cause of action.

Download Free Books "Mary M. Mingis v. Daitch Crystal Dairies" PDF ePub Kindle