Conte v. Hill's Supermarkets, Inc.

Appellate Terms of the Supreme Court of New York

Conte v. Hill's Supermarkets, Inc.

66 Misc. 2d 208, 320 N.Y.S.2d 264, 1970 N.Y. Misc. LEXIS 1142

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 20, 1970

StatusPublished

This text of 66 Misc. 2d 208 (Conte v. Hill's Supermarkets, Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Conte v. Hill's Supermarkets, Inc., 66 Misc. 2d 208, 320 N.Y.S.2d 264, 1970 N.Y. Misc. LEXIS 1142 (N.Y. Ct. App. 1970).

Pincite

Opinion

Per Curiam.

Insofar as rule 14 of the Nassau County District Court Rules (22 NYCRR 3840.14) permits the dismissal of a case which has not been noticed for trial, without service of the 45-day notice required by CPLR 3216, it is invalid. This is true whether it is done as the result of a motion by the defendant or by the court on its own motion (Plump v. Harth, 52 Misc 2d 787).

The 'order should be unanimously reversed, with $10 costs to plaintiffs, dismissal vacated and case restored to the General Calendar.

Present — Hogan, P. J., Gulotta and Guckman, JJ.

Order reversed, etc.

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