Harfenes v. Rachlin

Appellate Division of the Supreme Court of New York

Harfenes v. Rachlin

4 A.D.2d 949, 167 N.Y.S.2d 738, 1957 N.Y. App. Div. LEXIS 4105

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

DecidedNovember 4, 1957

StatusPublished

This text of 4 A.D.2d 949 (Harfenes v. Rachlin) 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

Harfenes v. Rachlin, 4 A.D.2d 949, 167 N.Y.S.2d 738, 1957 N.Y. App. Div. LEXIS 4105 (N.Y. Ct. App. 1957).

Pincite

Opinion

In an action to recover damages for personal injuries and for medical expenses and loss of services, 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. The failure to prosecute for approximately seven years and the absence of any showing of merit warrant dismissal. (Birch v. Wolper, 1 A D 2d 1028.) Nolan, 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 personal injuries and for medical expenses and loss of services, 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. The failure to prosecute for approximately seven years and the absence of any showing of merit warrant dismissal. (Birch v. Wolper, 1 A D 2d 1028.) Nolan, P. J., Murphy, Ughetta and Hallinan, JJ., concur; Kleinfeld, J., dissents and votes to affirm.

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Bluebook (online)

4 A.D.2d 949, 167 N.Y.S.2d 738, 1957 N.Y. App. Div. LEXIS 4105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harfenes-v-rachlin-nyappdiv-1957.