Appellate Terms of the Supreme Court of New York, 1960

Da Rin v. Cardone

Appellate Terms of the Supreme Court of New York · Decided November 23, 1960

28 Misc. 2d 511; 219 N.Y.S.2d 650; 1960 N.Y. Misc. LEXIS 2160

Counsel

Irving Segal and Sidney Advocate for appellants.

Opinion of the Court

Per Curiam.

No adequate excuse for failure to move to restore the case within the one-year period provided in subdivision (c) of rule XV of the Rules of the City Court of the City of New York was given. Therefore no discretion existed to grant the relief.

*512The. order should be reversed, with $10 costs and disbursements, and motion denied.

Concur — Hecht, J. P., Steuer and Tilzeb, JJ.

Order reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.