Mercer v. Portsmouth Associates, Inc.

• Decision Date: 04 December 1962
• Citation: Mercer v. Portsmouth Associates, Inc., 234 N.Y.S.2d 275, 18 A.D.2d 614 (N.Y. App. Div. 1962)
• Parties: Bassie MERCER, Plaintiff-Respondent, v. PORTSMOUTH ASSOCIATES, INC., Defendant-Appellant.
• Court: New York Supreme Court — Appellate Division

Page 275

234 N.Y.S.2d 275

18 A.D.2d 614

Bassie MERCER, Plaintiff-Respondent, v. PORTSMOUTH ASSOCIATES, INC., Defendant-Appellant.

Supreme Court, Appellate Division, First Department.

Dec. 4, 1962.

I. S. Worthman, New York City, for defendant-appellant.

P. Levine, New York City, for plaintiff-respondent.

Before RABIN, J. P., and McNALLY, STEVENS, EAGER and STEUER, JJ.

PER CURIAM.

Order, entered on May 31, 1962, denying motion to dismiss for lack of prosecution provided plaintiff complies with certain terms, unanimously reversed on the law and on the facts, and as a matter of discretion, with $20 costs and disbursements to the appellant, and the motion granted with $10 costs. The facts presented in opposition to the application present no reasonable excuse for the failure to proceed in the action for a period in excess of 30 months. Similar excuses have been held invalid (Goldfarb v. Mallin, 3 A.D.2d 735, 160 N.Y.S.2d 125). Special Term was influenced by the fact that defendant did...