Gabowitz v. Graeler

Appellate Division of the Supreme Court of New York

Gabowitz v. Graeler

13 A.D.2d 925, 216 N.Y.S.2d 313, 1961 N.Y. App. Div. LEXIS 10183

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

DecidedJune 15, 1961

StatusPublished

This text of 13 A.D.2d 925 (Gabowitz v. Graeler) 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

Gabowitz v. Graeler, 13 A.D.2d 925, 216 N.Y.S.2d 313, 1961 N.Y. App. Div. LEXIS 10183 (N.Y. Ct. App. 1961).

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Opinion

Order entered on December 2, 1959, denying defendant’s motion to dismiss for lack of prosecution, unanimously reversed, on the law, on the facts, and in the exercise of discretion, with $20 costs and disbursements to appellant, and the motion granted, with $10 costs. In the exercise of a proper discretion the motion should have been granted. (Cf. Threewitts v. Almanzar, 11 A D 2d 981.) Concur—McNally, J. P., Stevens, Eager, Steuer and Bastow, JJ.

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Order entered on December 2, 1959, denying defendant’s motion to dismiss for lack of prosecution, unanimously reversed, on the law, on the facts, and in the exercise of discretion, with $20 costs and disbursements to appellant, and the motion granted, with $10 costs. In the exercise of a proper discretion the motion should have been granted. (Cf. Threewitts v. Almanzar, 11 A D 2d 981.) Concur—McNally, J. P., Stevens, Eager, Steuer and Bastow, JJ.

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Bluebook (online)

13 A.D.2d 925, 216 N.Y.S.2d 313, 1961 N.Y. App. Div. LEXIS 10183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gabowitz-v-graeler-nyappdiv-1961.