AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

VICTOR CHICOLLO, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Defendant, and S.S. SILBERBLATT, INC., Appellant.

In a negligence action to recover damages for personal injuries which was automatically dismissed pursuant to statute and the rules of this court (CPLR 3404; Appellate Division Rules, Second Dept., part 7, rule VIII) for neglect to prosecute, defendant S.S. Silberblatt, Inc., appeals from an order of the Supreme Court, Nassau County, dated June 20, 1968, which granted plaintiff's motion to open his default, vacate the dismissal and restore the action to the Trial Calendar. Order reversed, on the law and the facts, without costs, and motion denied. In support of plaintiff's motion to be relieved of his default, caused by his attorneys' failure to serve and file a proper statement of readiness, plaintiff's attorneys alleged that their failure was caused by the neglect of a stenographer employed by them. Such an excuse is insufficient ( Tepperman v. Peri, 29 A.D.2d 893; Renne v. Roven, 29 A.D.2d 866). Christ, Acting P.J., Brennan, Hopkins, Benjamin and Munder, JJ., concur.

Use AI to get other relevant cases.

Comments

CHICOLLO v. NEW YORK CITY HOUSING AUTHORITY
(Nov 25, 1968)