Farmer v. L. B. Smith, Inc.

Appellate Division of the Supreme Court of New York

Farmer v. L. B. Smith, Inc.

52 A.D.2d 1068, 384 N.Y.S.2d 331, 1976 N.Y. App. Div. LEXIS 12993

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

DecidedMay 28, 1976

StatusPublished

Cited by2 cases

This text of 52 A.D.2d 1068 (Farmer v. L. B. Smith, Inc.) 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

Farmer v. L. B. Smith, Inc., 52 A.D.2d 1068, 384 N.Y.S.2d 331, 1976 N.Y. App. Div. LEXIS 12993 (N.Y. Ct. App. 1976).

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Opinion

Appeal unanimously dismissed, without costs, in accordance with the following memorandum: Plaintiffs appeal from an order denying their motion to vacate four preclusion orders and defendants move for dismissal of the appeal upon the ground that the action has been dismissed pursuant to CPLR 3404 and the rules of this court (22 NYCRR 1024.13). The action was noticed for trial in May, 1973 and placed upon the general docket on June 23, 1974. Inasmuch as a year has elapsed without entry of an order restoring the case to the Trial Calendar, plaintiffs’ application is premature until the default is vacated. Defendants’ motion to dismiss the appeal is, therefore, granted (see Chavoustie v Village of Newark, 52 AD2d 1064). (Appeal from order of Monroe Supreme Court—preclusion orders.) Present—Marsh, P. J., Moule, Simons and Dillon, JJ.

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Appeal unanimously dismissed, without costs, in accordance with the following memorandum: Plaintiffs appeal from an order denying their motion to vacate four preclusion orders and defendants move for dismissal of the appeal upon the ground that the action has been dismissed pursuant to CPLR 3404 and the rules of this court (22 NYCRR 1024.13). The action was noticed for trial in May, 1973 and placed upon the general docket on June 23, 1974. Inasmuch as a year has elapsed without entry of an order restoring the case to the Trial Calendar, plaintiffs’ application is premature until the default is vacated. Defendants’ motion to dismiss the appeal is, therefore, granted (see Chavoustie v Village of Newark, 52 AD2d 1064). (Appeal from order of Monroe Supreme Court—preclusion orders.) Present—Marsh, P. J., Moule, Simons and Dillon, JJ.

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Bluebook (online)

52 A.D.2d 1068, 384 N.Y.S.2d 331, 1976 N.Y. App. Div. LEXIS 12993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmer-v-l-b-smith-inc-nyappdiv-1976.

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