Anglin v. Brailovsky

Appellate Division of the Supreme Court of New York

Anglin v. Brailovsky

42 A.D.2d 905, 347 N.Y.S.2d 943, 1973 N.Y. App. Div. LEXIS 3528

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 24, 1973

StatusPublished

This text of 42 A.D.2d 905 (Anglin v. Brailovsky) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Anglin v. Brailovsky, 42 A.D.2d 905, 347 N.Y.S.2d 943, 1973 N.Y. App. Div. LEXIS 3528 (N.Y. Ct. App. 1973).

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Opinion

In a negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Kings County, entered March 15, 1973, which granted a motion by defendants William Brailovsky and Tessie Brailovsky to dismiss the action as to them for failure to serve a complaint (CPLR 3012, subd. [b]). Order affirmed, without costs. No opinion. Shapiro, Acting P. J., Gulotta and Christ, JJ., concur; Brennan and Benjamin, JJ., dissent and vote to reverse and deny the motion with the following memorandum: Under the circumstances of this case, we believe that plaintiff’s default should be opened upon payment of $250 costs by plaintiff’s attorney (Moran v. Rynar, 39 A D 2d 718; Williams v. Jewish Hosp. of Brooklyn, 40 A D 2d 532; Stewart v. Board of Edwc. of City of N. Y., 49 A D 2d 698).

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In a negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Kings County, entered March 15, 1973, which granted a motion by defendants William Brailovsky and Tessie Brailovsky to dismiss the action as to them for failure to serve a complaint (CPLR 3012, subd. [b]). Order affirmed, without costs. No opinion. Shapiro, Acting P. J., Gulotta and Christ, JJ., concur; Brennan and Benjamin, JJ., dissent and vote to reverse and deny the motion with the following memorandum: Under the circumstances of this case, we believe that plaintiff’s default should be opened upon payment of $250 costs by plaintiff’s attorney (Moran v. Rynar, 39 A D 2d 718; Williams v. Jewish Hosp. of Brooklyn, 40 A D 2d 532; Stewart v. Board of Edwc. of City of N. Y., 49 A D 2d 698).

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Bluebook (online)

42 A.D.2d 905, 347 N.Y.S.2d 943, 1973 N.Y. App. Div. LEXIS 3528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anglin-v-brailovsky-nyappdiv-1973.