Fischer v. Pan American World Airways, Inc.
This text of 209 N.E.2d 725 (Fischer v. Pan American World Airways, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order of Appellate Division reversed and that of Special Term reinstated, with costs in this court and in the Appellate Division. After September 1, 1964, the Appellate Division lacked the power to grant the motion to dismiss for failure to file a note of issue without compliance with CPLR 3216, as amended (L. 1964, ch. 974).
Concur: Chief Judge Desmond and Judges Dye, Full, Burke and Scileppi. Judges Van Voorhis and Bergan dissent and vote to affirm.
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Cite This Page — Counsel Stack
209 N.E.2d 725, 16 N.Y.2d 725, 262 N.Y.S.2d 108, 1965 N.Y. LEXIS 1199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fischer-v-pan-american-world-airways-inc-ny-1965.