Kahn v. Samson Management Corp.

Appellate Division of the Supreme Court of New York

Kahn v. Samson Management Corp.

44 A.D.2d 571, 353 N.Y.S.2d 227, 1974 N.Y. App. Div. LEXIS 5529

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

DecidedMarch 11, 1974

StatusPublished

Cited by1 cases

This text of 44 A.D.2d 571 (Kahn v. Samson Management 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

Kahn v. Samson Management Corp., 44 A.D.2d 571, 353 N.Y.S.2d 227, 1974 N.Y. App. Div. LEXIS 5529 (N.Y. Ct. App. 1974).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Westchester County, dated November 5, 1973, which denied its motion to dismiss the action for failure to serve a complaint and granted plaintiff 20 days to serve the proposed complaint. Order reversed, in the exercise of discretion, without costs, and motion granted. To justify his failure to serve a complaint in more than 29 months, plaintiff’s counsel offered the familiar “law-office-failure” excuse, which this court has repeatedly rejected as patently insufficient (Fetter v. 217 Centre Corp., 38 A D 2d 840, and cases cited therein). Under these circumstances, we believe Special Term should have granted the motion to dismiss. Gulotta, P. J., Hopkins, Martuscello and Cohalan, JJ., concur; Shapiro, J., dissents and votes to modify the order by adding thereto a provision that plaintiff’s attorney personally pay $250 costs to defendant and to affirm the order as so modified.

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In a negligence action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Westchester County, dated November 5, 1973, which denied its motion to dismiss the action for failure to serve a complaint and granted plaintiff 20 days to serve the proposed complaint. Order reversed, in the exercise of discretion, without costs, and motion granted. To justify his failure to serve a complaint in more than 29 months, plaintiff’s counsel offered the familiar “law-office-failure” excuse, which this court has repeatedly rejected as patently insufficient (Fetter v. 217 Centre Corp., 38 A D 2d 840, and cases cited therein). Under these circumstances, we believe Special Term should have granted the motion to dismiss. Gulotta, P. J., Hopkins, Martuscello and Cohalan, JJ., concur; Shapiro, J., dissents and votes to modify the order by adding thereto a provision that plaintiff’s attorney personally pay $250 costs to defendant and to affirm the order as so modified.

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Bluebook (online)

44 A.D.2d 571, 353 N.Y.S.2d 227, 1974 N.Y. App. Div. LEXIS 5529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kahn-v-samson-management-corp-nyappdiv-1974.

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