Brignati v. Bailey

Appellate Division of the Supreme Court of New York

Brignati v. Bailey

27 A.D.2d 555, 276 N.Y.S.2d 45, 1966 N.Y. App. Div. LEXIS 2820

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

DecidedDecember 19, 1966

StatusPublished

This text of 27 A.D.2d 555 (Brignati v. Bailey) 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

Brignati v. Bailey, 27 A.D.2d 555, 276 N.Y.S.2d 45, 1966 N.Y. App. Div. LEXIS 2820 (N.Y. Ct. App. 1966).

Pincite

Opinion

Order of the Supreme Court, Queens County, dated August 25, 1966, reversed, without costs; defendants’ motion granted; plaintiff’s cause of action for personal injuries dismissed; and his cause of action for property damage severed and remitted to the Civil Court of the City of New York, Queens County, to be restored to its former position on the calendar for trial. Pursuant to CPLR 3216, as amended, defendants duly served upon plaintiff’s attorneys a notice demanding that within 45 days plaintiff serve and file a note of issue. Plaintiff failed to comply with the demand. Defendants thereupon made the motion under review, to dismiss the personal injury cause for lack of prosecution and to sever the cause of action for property damage. Plaintiff failed, in opposition thereto, to offer a satisfactory excuse for Ms long delay in prosecuting the action and to submit an affidavit showing that he has a good and meritorious cause of action for personal injuries. In the circumstances, defendants are entitled to an unconditional dismissal thereof (Pernise v. Di Giacomo, 25 A D 2d 447; Passalacqua v. County Estates, 24 A D 2d 497). Beldock, P. J., Ughetta, Christ, Hill and Benjamin, JJ., concur.

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Order of the Supreme Court, Queens County, dated August 25, 1966, reversed, without costs; defendants’ motion granted; plaintiff’s cause of action for personal injuries dismissed; and his cause of action for property damage severed and remitted to the Civil Court of the City of New York, Queens County, to be restored to its former position on the calendar for trial. Pursuant to CPLR 3216, as amended, defendants duly served upon plaintiff’s attorneys a notice demanding that within 45 days plaintiff serve and file a note of issue. Plaintiff failed to comply with the demand. Defendants thereupon made the motion under review, to dismiss the personal injury cause for lack of prosecution and to sever the cause of action for property damage. Plaintiff failed, in opposition thereto, to offer a satisfactory excuse for Ms long delay in prosecuting the action and to submit an affidavit showing that he has a good and meritorious cause of action for personal injuries. In the circumstances, defendants are entitled to an unconditional dismissal thereof (Pernise v. Di Giacomo, 25 A D 2d 447; Passalacqua v. County Estates, 24 A D 2d 497). Beldock, P. J., Ughetta, Christ, Hill and Benjamin, JJ., concur.

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Bluebook (online)

27 A.D.2d 555, 276 N.Y.S.2d 45, 1966 N.Y. App. Div. LEXIS 2820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brignati-v-bailey-nyappdiv-1966.