Biondo v. New Amsterdam Casualty Co.

Appellate Division of the Supreme Court of New York

Biondo v. New Amsterdam Casualty Co.

3 A.D.2d 640, 157 N.Y.S.2d 998, 1956 N.Y. App. Div. LEXIS 3504

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

DecidedDecember 19, 1956

StatusPublished

This text of 3 A.D.2d 640 (Biondo v. New Amsterdam Casualty Co.) 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

Biondo v. New Amsterdam Casualty Co., 3 A.D.2d 640, 157 N.Y.S.2d 998, 1956 N.Y. App. Div. LEXIS 3504 (N.Y. Ct. App. 1956).

Pincite

Opinion

Order reversed on the law and facts and as a matter of discretion, with $10 costs and disbursements, and motion granted, with $10 costs. Memorandum: In view of plaintiffs’ unexplained and unexcused neglect to bring the action on for trial for 44 months, it was an improvident exercise of discretion to deny defendant’s motion to dismiss the complaint for failure to prosecute. All concur. (Appeal from an order of Monroe County Court affirming an order of Rochester City Court, which denied defendant’s motion to dismiss plaintiffs’ complaint on the ground of laches.) Present — McCurn, P. J., Vaughan, Kimball, Wheeler and Bastow, JJ.

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Order reversed on the law and facts and as a matter of discretion, with $10 costs and disbursements, and motion granted, with $10 costs. Memorandum: In view of plaintiffs’ unexplained and unexcused neglect to bring the action on for trial for 44 months, it was an improvident exercise of discretion to deny defendant’s motion to dismiss the complaint for failure to prosecute. All concur. (Appeal from an order of Monroe County Court affirming an order of Rochester City Court, which denied defendant’s motion to dismiss plaintiffs’ complaint on the ground of laches.) Present — McCurn, P. J., Vaughan, Kimball, Wheeler and Bastow, JJ.

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Bluebook (online)

3 A.D.2d 640, 157 N.Y.S.2d 998, 1956 N.Y. App. Div. LEXIS 3504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/biondo-v-new-amsterdam-casualty-co-nyappdiv-1956.