Di Beneditto v. Murphy

Appellate Division of the Supreme Court of New York

Di Beneditto v. Murphy

21 A.D.2d 691, 252 N.Y.S.2d 35, 1964 N.Y. App. Div. LEXIS 3709

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

DecidedMay 25, 1964

StatusPublished

This text of 21 A.D.2d 691 (Di Beneditto v. Murphy) 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

Di Beneditto v. Murphy, 21 A.D.2d 691, 252 N.Y.S.2d 35, 1964 N.Y. App. Div. LEXIS 3709 (N.Y. Ct. App. 1964).

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Opinion

In a negligence action to recover damages for personal injury and [692]*692for loss of services, defendants appeal from an order of the Supreme Court, Richmond County, dated January 9, 1964, which: (a) granted conditionally defendants’ motion to dismiss the complaint for lack of prosecution; and (ib) denied without prejudice plaintiffs’ cross motion to vacate defendants’ notice of the pretrial examination of plaintiffs and for other relief. Order reversed, with $10 costs and disbursements; defendants’ motion to dismiss the complaint for lack of prosecution granted unconditionally; and plaintiffs’ cross motion dismissed as academic. In our opinion, plaintiffs failed to show any reasonable excuse for their delay in the prosecution of this action. Hence, defendants’ motion to dismiss should have been granted unconditionally. Beldoek, P. J., Ughetta, Christ, Brennan and Hill, JJ., concur.

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In a negligence action to recover damages for personal injury and [692]*692for loss of services, defendants appeal from an order of the Supreme Court, Richmond County, dated January 9, 1964, which: (a) granted conditionally defendants’ motion to dismiss the complaint for lack of prosecution; and (ib) denied without prejudice plaintiffs’ cross motion to vacate defendants’ notice of the pretrial examination of plaintiffs and for other relief. Order reversed, with $10 costs and disbursements; defendants’ motion to dismiss the complaint for lack of prosecution granted unconditionally; and plaintiffs’ cross motion dismissed as academic. In our opinion, plaintiffs failed to show any reasonable excuse for their delay in the prosecution of this action. Hence, defendants’ motion to dismiss should have been granted unconditionally. Beldoek, P. J., Ughetta, Christ, Brennan and Hill, JJ., concur.

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Bluebook (online)

21 A.D.2d 691, 252 N.Y.S.2d 35, 1964 N.Y. App. Div. LEXIS 3709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/di-beneditto-v-murphy-nyappdiv-1964.