Harrison v. Lagerwall

Appellate Division of the Supreme Court of New York

Harrison v. Lagerwall

39 A.D.2d 759, 332 N.Y.S.2d 367, 1972 N.Y. App. Div. LEXIS 4538

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

DecidedMay 22, 1972

StatusPublished

This text of 39 A.D.2d 759 (Harrison v. Lagerwall) 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

Harrison v. Lagerwall, 39 A.D.2d 759, 332 N.Y.S.2d 367, 1972 N.Y. App. Div. LEXIS 4538 (N.Y. Ct. App. 1972).

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Opinion

In a negligence action to recover damages for personal and property injuries, plaintiffs appeal from an order of the Supreme Court, Putnam County, dated March 13, 1970, which granted defendant’s motion to dismiss the complaint, pursuant to CPLR 3216, on the ground that plaintiffs had unreasonably neglected to proceed in the action. Order reversed, without costs, and motion denied. The note of issue was filed before the motion was made. Defendant was in the Armed Services and was not prejudiced by the result. In our opinion, Special Term erred in granting the motion to dismiss the complaint (CPLR 3216; Giancone v. City of New York, 29 A D 2d 756). Martuscello, Latham and Shapiro, JJ., concur; Hopkins, Acting P. J., and Munder, J., dissent and vote to affirm.

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In a negligence action to recover damages for personal and property injuries, plaintiffs appeal from an order of the Supreme Court, Putnam County, dated March 13, 1970, which granted defendant’s motion to dismiss the complaint, pursuant to CPLR 3216, on the ground that plaintiffs had unreasonably neglected to proceed in the action. Order reversed, without costs, and motion denied. The note of issue was filed before the motion was made. Defendant was in the Armed Services and was not prejudiced by the result. In our opinion, Special Term erred in granting the motion to dismiss the complaint (CPLR 3216; Giancone v. City of New York, 29 A D 2d 756). Martuscello, Latham and Shapiro, JJ., concur; Hopkins, Acting P. J., and Munder, J., dissent and vote to affirm.

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Bluebook (online)

39 A.D.2d 759, 332 N.Y.S.2d 367, 1972 N.Y. App. Div. LEXIS 4538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrison-v-lagerwall-nyappdiv-1972.