Frieberg v. Consolidated Edison Co.

Appellate Division of the Supreme Court of New York

Frieberg v. Consolidated Edison Co.

24 A.D.2d 492, 261 N.Y.S.2d 845, 1965 N.Y. App. Div. LEXIS 3882

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

DecidedJune 21, 1965

StatusPublished

This text of 24 A.D.2d 492 (Frieberg v. Consolidated Edison Co.) 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

Frieberg v. Consolidated Edison Co., 24 A.D.2d 492, 261 N.Y.S.2d 845, 1965 N.Y. App. Div. LEXIS 3882 (N.Y. Ct. App. 1965).

Pincite

Opinion

In an action by a wife and her husband to recover damages for personal injury, loss of services, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Queens County, entered December 1, 1964 upon reargument, as adhered to the court’s prior decision and again granted the defendant’s motion to dismiss the complaint for lack of prosecution and directed the entry of judgment accordingly. Order, insofar as appealed from, reversed, with $10 costs and disbursements, and defendant’s motion to dismiss the complaint denied. Upon all the facts and circumstances disclosed by the record, it was an improvident exercise of discretion to grant the motion to dismiss the complaint (Dooley v. Gray, 22 A D 2d 791). Beldock, P. J., Christ, Brennan, Rabin and Benjamin, JJ., concur.

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In an action by a wife and her husband to recover damages for personal injury, loss of services, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Queens County, entered December 1, 1964 upon reargument, as adhered to the court’s prior decision and again granted the defendant’s motion to dismiss the complaint for lack of prosecution and directed the entry of judgment accordingly. Order, insofar as appealed from, reversed, with $10 costs and disbursements, and defendant’s motion to dismiss the complaint denied. Upon all the facts and circumstances disclosed by the record, it was an improvident exercise of discretion to grant the motion to dismiss the complaint (Dooley v. Gray, 22 A D 2d 791). Beldock, P. J., Christ, Brennan, Rabin and Benjamin, JJ., concur.

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Bluebook (online)

24 A.D.2d 492, 261 N.Y.S.2d 845, 1965 N.Y. App. Div. LEXIS 3882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frieberg-v-consolidated-edison-co-nyappdiv-1965.