Bowen v. Fiore

Appellate Division of the Supreme Court of New York

Bowen v. Fiore

37 A.D.2d 966, 327 N.Y.S.2d 174, 1971 N.Y. App. Div. LEXIS 3045

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

DecidedNovember 8, 1971

StatusPublished

This text of 37 A.D.2d 966 (Bowen v. Fiore) 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

Bowen v. Fiore, 37 A.D.2d 966, 327 N.Y.S.2d 174, 1971 N.Y. App. Div. LEXIS 3045 (N.Y. Ct. App. 1971).

Pincite

Opinion

In this negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Kings County, dated March 15, 1971, which, inter alia, denied their motion for an assessment of damages, upon defendants’ default in answering the complaint, and vacated the default on condition that defendants pay $500 costs. Order affirmed, with $50 costs and disbursements to respondents. Although defendants’ attorney has been careless and dilatory in the service of defendants’ answer and in his motion to open defendants’ default, plaintiffs’ attorneys also 'have been somewhat dilatory in the prosecution of this action and in their moving for the damage assessment. Under all the circumstances of this ease, it is our opinion that Special Term has not acted improvidently and has not abused its discretion. Rabin, P. J., Hopkins, Munder, Martuseello and Gulotta, JJ., concur.

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In this negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Kings County, dated March 15, 1971, which, inter alia, denied their motion for an assessment of damages, upon defendants’ default in answering the complaint, and vacated the default on condition that defendants pay $500 costs. Order affirmed, with $50 costs and disbursements to respondents. Although defendants’ attorney has been careless and dilatory in the service of defendants’ answer and in his motion to open defendants’ default, plaintiffs’ attorneys also 'have been somewhat dilatory in the prosecution of this action and in their moving for the damage assessment. Under all the circumstances of this ease, it is our opinion that Special Term has not acted improvidently and has not abused its discretion. Rabin, P. J., Hopkins, Munder, Martuseello and Gulotta, JJ., concur.

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Bluebook (online)

37 A.D.2d 966, 327 N.Y.S.2d 174, 1971 N.Y. App. Div. LEXIS 3045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowen-v-fiore-nyappdiv-1971.