Campbell v. City of New York

Appellate Division of the Supreme Court of New York

Campbell v. City of New York

306 A.D.2d 512, 761 N.Y.S.2d 863

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

DecidedJune 30, 2003

StatusPublished

This text of 306 A.D.2d 512 (Campbell v. City of New York) 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

Campbell v. City of New York, 306 A.D.2d 512, 761 N.Y.S.2d 863 (N.Y. Ct. App. 2003).

Pincite

Opinion

—In an action, inter alia, to recover damages for battery, the plaintiff appeals from an order of the Supreme Court, Kings County (Barasch, J.), dated September 5, 2002, which, sua sponte, dismissed the complaint.

Ordered that on the Court’s own motion, the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is farther,

Ordered that the order is reversed, on the law, the complaint is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings before a different justice; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

Under the circumstances of this case, the Supreme Court erred in, sua sponte, dismissing the plaintiffs complaint. The record does not support its conclusion that the plaintiff was not ready to proceed to trial. Altman, J.P., Krausman, Goldstein, H. Miller and Crane, JJ., concur.

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—In an action, inter alia, to recover damages for battery, the plaintiff appeals from an order of the Supreme Court, Kings County (Barasch, J.), dated September 5, 2002, which, sua sponte, dismissed the complaint.

Ordered that on the Court’s own motion, the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is farther,

Ordered that the order is reversed, on the law, the complaint is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings before a different justice; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

Under the circumstances of this case, the Supreme Court erred in, sua sponte, dismissing the plaintiffs complaint. The record does not support its conclusion that the plaintiff was not ready to proceed to trial. Altman, J.P., Krausman, Goldstein, H. Miller and Crane, JJ., concur.

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Bluebook (online)

306 A.D.2d 512, 761 N.Y.S.2d 863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-city-of-new-york-nyappdiv-2003.