Keogh v. New York Post Corporation

Full title: EUGENE J. KEOGH, Respondent, v. NEW YORK POST CORPORATION, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 20, 1964

22 A.D.2d 659 (N.Y. App. Div. 1964)

Opinion

October 20, 1964

Order, entered March 16, 1964, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $30 costs and disbursements to the appellant, and the motion to dismiss for failure to prosecute granted, with $10 costs. Plaintiff has presented no creditable excuse for the delay of 14 months in serving a complaint. Moreover, the affidavits submitted by plaintiff fail to include an adequate affidavit of merits (cf. Sortino v. Fisher, 20 A.D.2d 25, 31).

Concur — Breitel, J.P., Valente, Stevens, Eager and Bastow, JJ.