Grayco Builders Inc. v. Sherrill

Appellate Division of the Supreme Court of New York

Grayco Builders Inc. v. Sherrill

87 A.D.2d 783, 449 N.Y.S.2d 491, 1982 N.Y. App. Div. LEXIS 16217

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

DecidedApril 22, 1982

StatusPublished

This text of 87 A.D.2d 783 (Grayco Builders Inc. v. Sherrill) 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

Grayco Builders Inc. v. Sherrill, 87 A.D.2d 783, 449 N.Y.S.2d 491, 1982 N.Y. App. Div. LEXIS 16217 (N.Y. Ct. App. 1982).

Pincite

Opinion

Order, Supreme Court, New York County (Price, J.), entered December 24, 1981, granting, on consent, defendants’ motion to dismiss the complaint, unanimously reversed, to the extent appealed from, on the law, without costs or disbursements, and the words “without prejudice” stricken from the decretal paragraph. Eighteen months had elapsed from the service of a notice of appearance and demand for a copy of the complaint. Plaintiff offered no opposition to defendants’ motion to dismiss for failure to serve a complaint (CPLR 3012, subd [b]). In fact, a representative consented to the dismissal. Thus, no justification existed upon which to condition the dismissal of the action “without prejudice”. In striking “without prejudice” from the order of dismissal we do not pass upon the effect of such dismissal. Concur —■ Murphy, P. J., Sullivan, Ross, Silverman and Asch, JJ.

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Order, Supreme Court, New York County (Price, J.), entered December 24, 1981, granting, on consent, defendants’ motion to dismiss the complaint, unanimously reversed, to the extent appealed from, on the law, without costs or disbursements, and the words “without prejudice” stricken from the decretal paragraph. Eighteen months had elapsed from the service of a notice of appearance and demand for a copy of the complaint. Plaintiff offered no opposition to defendants’ motion to dismiss for failure to serve a complaint (CPLR 3012, subd [b]). In fact, a representative consented to the dismissal. Thus, no justification existed upon which to condition the dismissal of the action “without prejudice”. In striking “without prejudice” from the order of dismissal we do not pass upon the effect of such dismissal. Concur —■ Murphy, P. J., Sullivan, Ross, Silverman and Asch, JJ.

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Bluebook (online)

87 A.D.2d 783, 449 N.Y.S.2d 491, 1982 N.Y. App. Div. LEXIS 16217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grayco-builders-inc-v-sherrill-nyappdiv-1982.