Bowman v. Puig

Appellate Division of the Supreme Court of New York

Bowman v. Puig

9 A.D.2d 648, 191 N.Y.S.2d 383, 1959 N.Y. App. Div. LEXIS 6778

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

DecidedOctober 6, 1959

StatusPublished

This text of 9 A.D.2d 648 (Bowman v. Puig) 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

Bowman v. Puig, 9 A.D.2d 648, 191 N.Y.S.2d 383, 1959 N.Y. App. Div. LEXIS 6778 (N.Y. Ct. App. 1959).

Pincite

Opinion

Order unanimously reversed on the law and in the exercise of discretion, without costs, and the motion is remanded to Special Term to make a determination, after taking proof as to all relevant facts and circumstances concerning the alleged service in 1957 of the amended complaint and the alleged oral consent or stipulation preceding it. The moving defendants are entitled to a dismissal of the complaint for lack of prosecution if no pleading was ever served upon their attorney. If Special Term finds that service of the amended complaint was duly made upon defendants’ attorney, appropriate proceedings should be taken to join issue properly and to rectify the improper joinder of additional parties not named in the summons. Concur — Breitel, J. P., Rabin, M. M. Frank, Valente and Stevens, JJ.

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Order unanimously reversed on the law and in the exercise of discretion, without costs, and the motion is remanded to Special Term to make a determination, after taking proof as to all relevant facts and circumstances concerning the alleged service in 1957 of the amended complaint and the alleged oral consent or stipulation preceding it. The moving defendants are entitled to a dismissal of the complaint for lack of prosecution if no pleading was ever served upon their attorney. If Special Term finds that service of the amended complaint was duly made upon defendants’ attorney, appropriate proceedings should be taken to join issue properly and to rectify the improper joinder of additional parties not named in the summons. Concur — Breitel, J. P., Rabin, M. M. Frank, Valente and Stevens, JJ.

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Bluebook (online)

9 A.D.2d 648, 191 N.Y.S.2d 383, 1959 N.Y. App. Div. LEXIS 6778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowman-v-puig-nyappdiv-1959.