In re the Accounting of Grace

Appellate Division of the Supreme Court of New York

In re the Accounting of Grace

5 A.D.2d 845, 171 N.Y.S.2d 58, 1958 N.Y. App. Div. LEXIS 6943

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

DecidedFebruary 17, 1958

StatusPublished

This text of 5 A.D.2d 845 (In re the Accounting of Grace) 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

In re the Accounting of Grace, 5 A.D.2d 845, 171 N.Y.S.2d 58, 1958 N.Y. App. Div. LEXIS 6943 (N.Y. Ct. App. 1958).

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 a motion, pursuant to section 181 of the Civil Practice Act and rule 156 of the Rules of Civil Practice, to dismiss the complaint for lack of prosecution, on condition that respondents serve and file a note of issue for the next available term. Order reversed, without costs, and motion granted, without costs. Under all the circumstances, it was an improvident exercise of discretion not to have granted the motion to dismiss the complaint for lack of prosecution.

Wenzel, Acting P. J., Beldock, Murphy, Hallinan and Kleinfeld, JJ., concur.

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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 a motion, pursuant to section 181 of the Civil Practice Act and rule 156 of the Rules of Civil Practice, to dismiss the complaint for lack of prosecution, on condition that respondents serve and file a note of issue for the next available term. Order reversed, without costs, and motion granted, without costs. Under all the circumstances, it was an improvident exercise of discretion not to have granted the motion to dismiss the complaint for lack of prosecution.

Wenzel, Acting P. J., Beldock, Murphy, Hallinan and Kleinfeld, JJ., concur.

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Bluebook (online)

5 A.D.2d 845, 171 N.Y.S.2d 58, 1958 N.Y. App. Div. LEXIS 6943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-grace-nyappdiv-1958.