Howell v. Greenfield

Appellate Division of the Supreme Court of New York

Howell v. Greenfield

283 A.D. 800, 128 N.Y.S.2d 597, 1954 N.Y. App. Div. LEXIS 5369

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

DecidedMarch 8, 1954

StatusPublished

This text of 283 A.D. 800 (Howell v. Greenfield) 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

Howell v. Greenfield, 283 A.D. 800, 128 N.Y.S.2d 597, 1954 N.Y. App. Div. LEXIS 5369 (N.Y. Ct. App. 1954).

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Opinion

Plaintiff appeals from an order of the County Court of the County of Suffolk which granted respondent’s motion to dismiss the complaint for lack of prosecution, pursuant to section 181 of the Civil Practice Act and rules 156 and 302 of the Rules of Civil Practice. Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. Although the action was commenced in 1938, respondent was not added as a party until the entry of an order to such effect on May 15, 1953, and the service of process on him on June 4, 1953. His motion to dismiss was made when, as to him, the action had been pending but a few days. Nolan, P. J., Adel, Wenzel, Beldoek and Murphy, JJ., concur.

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Plaintiff appeals from an order of the County Court of the County of Suffolk which granted respondent’s motion to dismiss the complaint for lack of prosecution, pursuant to section 181 of the Civil Practice Act and rules 156 and 302 of the Rules of Civil Practice. Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. Although the action was commenced in 1938, respondent was not added as a party until the entry of an order to such effect on May 15, 1953, and the service of process on him on June 4, 1953. His motion to dismiss was made when, as to him, the action had been pending but a few days. Nolan, P. J., Adel, Wenzel, Beldoek and Murphy, JJ., concur.

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Bluebook (online)

283 A.D. 800, 128 N.Y.S.2d 597, 1954 N.Y. App. Div. LEXIS 5369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howell-v-greenfield-nyappdiv-1954.