Glasser v. Ritzer

Appellate Division of the Supreme Court of New York

Glasser v. Ritzer

1 A.D.2d 1041, 152 N.Y.S.2d 603, 1956 N.Y. App. Div. LEXIS 5175

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

DecidedMay 28, 1956

StatusPublished

This text of 1 A.D.2d 1041 (Glasser v. Ritzer) 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

Glasser v. Ritzer, 1 A.D.2d 1041, 152 N.Y.S.2d 603, 1956 N.Y. App. Div. LEXIS 5175 (N.Y. Ct. App. 1956).

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Opinion

In an action to recover damages for injuries to person and property, the appeal is from an order denying appellant’s motion to dismiss the complaint for lack of prosecution. Order reversed, without costs, and motion granted, without costs. We are of the opinion that respondent has failed to show a reasonable explanation or excuse for failure to bring the action on for trial for almost three years after joinder of issue, and has failed to present any showing of merits or the extent of the personal injuries or property damage. (Smith v. Schiller, 279 App. Div. 755; Giovannucci v. Brooklyn & Richmond Ferry Co., 278 App. Div. 861; Fischer v. Tushnett, 256 App. Div. 833.) Beldoek, Acting P. J., Murphy, Ughetta and Hallinan, JJ., concur; Kleinfeld, J., dissents and votes to affirm.

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In an action to recover damages for injuries to person and property, the appeal is from an order denying appellant’s motion to dismiss the complaint for lack of prosecution. Order reversed, without costs, and motion granted, without costs. We are of the opinion that respondent has failed to show a reasonable explanation or excuse for failure to bring the action on for trial for almost three years after joinder of issue, and has failed to present any showing of merits or the extent of the personal injuries or property damage. (Smith v. Schiller, 279 App. Div. 755; Giovannucci v. Brooklyn & Richmond Ferry Co., 278 App. Div. 861; Fischer v. Tushnett, 256 App. Div. 833.) Beldoek, Acting P. J., Murphy, Ughetta and Hallinan, JJ., concur; Kleinfeld, J., dissents and votes to affirm.

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Bluebook (online)

1 A.D.2d 1041, 152 N.Y.S.2d 603, 1956 N.Y. App. Div. LEXIS 5175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glasser-v-ritzer-nyappdiv-1956.

Opinion

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