Hammond v. City of New York

Appellate Division of the Supreme Court of New York

Hammond v. City of New York

20 A.D.2d 877, 248 N.Y.S.2d 523, 1964 N.Y. App. Div. LEXIS 3991

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

DecidedApril 21, 1964

StatusPublished

This text of 20 A.D.2d 877 (Hammond v. City of New York) 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

Hammond v. City of New York, 20 A.D.2d 877, 248 N.Y.S.2d 523, 1964 N.Y. App. Div. LEXIS 3991 (N.Y. Ct. App. 1964).

Pincite

Opinion

Order entered December 20, 1963, denying plaintiffs’ motion to open their default and to vacate the dismissal of their complaint, and the judgment entered November 27, 1963, dismissing the complaint for failure to proceed to trial, unanimously reversed, on the law, on the facts and in the exercise of discretion, without costs, the motion to vacate the dismissal and the judgment thereon granted and the action is ordered restored to its proper place on the Ready Personal Injury Jury Calendar, Supreme Court, Bronx County. It was an improvident exercise of discretion on the part of the trial court to mark the cause peremptorily against plaintiffs in the first instance and subsequently to dismiss the complaint when an unqualified affidavit of serious illness was presented on behalf of the attorney for the plaintiffs. In the circumstances a further adjournment of the cause was indicated. Concur — Breitel, J. P., McNally, Eager, Steuer and Staley, JJ.

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Order entered December 20, 1963, denying plaintiffs’ motion to open their default and to vacate the dismissal of their complaint, and the judgment entered November 27, 1963, dismissing the complaint for failure to proceed to trial, unanimously reversed, on the law, on the facts and in the exercise of discretion, without costs, the motion to vacate the dismissal and the judgment thereon granted and the action is ordered restored to its proper place on the Ready Personal Injury Jury Calendar, Supreme Court, Bronx County. It was an improvident exercise of discretion on the part of the trial court to mark the cause peremptorily against plaintiffs in the first instance and subsequently to dismiss the complaint when an unqualified affidavit of serious illness was presented on behalf of the attorney for the plaintiffs. In the circumstances a further adjournment of the cause was indicated. Concur — Breitel, J. P., McNally, Eager, Steuer and Staley, JJ.

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Bluebook (online)

20 A.D.2d 877, 248 N.Y.S.2d 523, 1964 N.Y. App. Div. LEXIS 3991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hammond-v-city-of-new-york-nyappdiv-1964.