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

Appellate Terms of the Supreme Court of New York·Decided November 20, 1970·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

66 Misc. 2d 208 (Conte v. Hill's Supermarkets, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related