Kegel v. Ira S. Bushey & Sons, Inc.

Appellate Division of the Supreme Court of New York

Kegel v. Ira S. Bushey & Sons, Inc.

4 A.D.2d 785, 165 N.Y.S.2d 721, 1957 N.Y. App. Div. LEXIS 4752

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

DecidedJuly 15, 1957

StatusPublished

Cited by1 cases

This text of 4 A.D.2d 785 (Kegel v. Ira S. Bushey & Sons, Inc.) 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

Kegel v. Ira S. Bushey & Sons, Inc., 4 A.D.2d 785, 165 N.Y.S.2d 721, 1957 N.Y. App. Div. LEXIS 4752 (N.Y. Ct. App. 1957).

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Opinion

In an action to recover damages for wrongful death and for conscious pain and suffering, the appeal is from an order denying a motion to dismiss the complaint for lack of prosecution on condition that respondent file a note of issue for the next available term. Respondent complied with that condition. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Hallinan and Kleinfeld, JJ., concur. Wenzel and Ughetta, JJ., dissent and vote to reverse the order and to grant the motion, with the following memorandum: In our opinion respondent unreasonably delayed in prosecuting this action. The excuse offered is inadequate and untenable.

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In an action to recover damages for wrongful death and for conscious pain and suffering, the appeal is from an order denying a motion to dismiss the complaint for lack of prosecution on condition that respondent file a note of issue for the next available term. Respondent complied with that condition. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Hallinan and Kleinfeld, JJ., concur. Wenzel and Ughetta, JJ., dissent and vote to reverse the order and to grant the motion, with the following memorandum: In our opinion respondent unreasonably delayed in prosecuting this action. The excuse offered is inadequate and untenable.

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Bluebook (online)

4 A.D.2d 785, 165 N.Y.S.2d 721, 1957 N.Y. App. Div. LEXIS 4752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kegel-v-ira-s-bushey-sons-inc-nyappdiv-1957.

Opinion

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