Hawthorne v. Royal Land Development Corp.

Appellate Division of the Supreme Court of New York

Hawthorne v. Royal Land Development Corp.

27 A.D.2d 725, 277 N.Y.S.2d 446, 1967 N.Y. App. Div. LEXIS 4810

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

DecidedFebruary 21, 1967

StatusPublished

This text of 27 A.D.2d 725 (Hawthorne v. Royal Land Development Corp.) 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

Hawthorne v. Royal Land Development Corp., 27 A.D.2d 725, 277 N.Y.S.2d 446, 1967 N.Y. App. Div. LEXIS 4810 (N.Y. Ct. App. 1967).

Pincite

Opinion

Order entered October 6, 1966, herein appealed from, unanimously reversed, on the law and in the exercise of discretion, with $30 costs and disbursements to appellant, and the motion to dismiss granted, with $10 costs. The accident allegedly happened June 5, 1963. Action was commenced April 24, 1964, and issue joined June 1, 1964. Since that time no further steps have been taken. Plaintiff defaulted with respect to a physical examination, failed to oppose the motion to dismiss, and does not now offer any excuse for the general delay. Accordingly the motion is granted (CPLR 3216; Commercial Credit Corp. v. Lafayette, 17 N Y 2d 367). Concur — Stevens, J. P., Capozzoli, Tilzer, Rabin and Bastow, JJ.

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Order entered October 6, 1966, herein appealed from, unanimously reversed, on the law and in the exercise of discretion, with $30 costs and disbursements to appellant, and the motion to dismiss granted, with $10 costs. The accident allegedly happened June 5, 1963. Action was commenced April 24, 1964, and issue joined June 1, 1964. Since that time no further steps have been taken. Plaintiff defaulted with respect to a physical examination, failed to oppose the motion to dismiss, and does not now offer any excuse for the general delay. Accordingly the motion is granted (CPLR 3216; Commercial Credit Corp. v. Lafayette, 17 N Y 2d 367). Concur — Stevens, J. P., Capozzoli, Tilzer, Rabin and Bastow, JJ.

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Bluebook (online)

27 A.D.2d 725, 277 N.Y.S.2d 446, 1967 N.Y. App. Div. LEXIS 4810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawthorne-v-royal-land-development-corp-nyappdiv-1967.