eBook details
- Title: William Powell Et Al. v. Becker Truck Renting Corp.
- Author : Supreme Court of New York
- Release Date : January 23, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
In the absence of evidentiary statements under oath by one with knowledge, from which a determination may be made: (a) that the action has merit; and (b) that there is a valid excuse for the delay here of nearly six months before plaintiffs' attempt to serve a complaint, the Special Term should have granted unconditionally the defendant Becker's motion to dismiss (Keating v. Smith, 20 A.D.2d 141; Engle v. Yankee Realty Corp., 16 A.D.2d 811). We also call attention that upon motions of this character, correct procedure requires: (1) a cross motion by the plaintiff to be relieved of his default (Salinger v. Hollander, 19 A.D.2d 559); and (2) the submission of a copy of the proposed complaint (Blasser v. Morrisania Milk, 243 App. Div. 281). Disposition Order reversed, without costs; motion to dismiss action granted; and complaint dismissed, with leave to plaintiffs to move at Special Term upon proper papers to vacate the order of dismissal, if plaintiffs be so advised.