Kelly-Masp Piledriving Corp. v. Vita Food Products, Inc.

Appellate Division of the Supreme Court of New York

Kelly-Masp Piledriving Corp. v. Vita Food Products, Inc.

52 A.D.2d 559, 382 N.Y.S.2d 321, 1976 N.Y. App. Div. LEXIS 12121

Appellate Division of the Supreme Court of the State of New York·Decided April 20, 1976·Published·Cited by 1 cases

Opinion

Order, Supreme Court, Bronx County, entered on October 10, 1975, granting plaintiff’s motion to vacate the dismissal of this action which had resulted from the application of CPLR 3404, unanimously affirmed, without costs and without disbursements. The various procedural steps taken by the parties hereto, subsequent to the time that this matter was marked off the calendar, clearly support plaintiff’s view, as adopted by the court below, that it never intended to abandon this action. Concur—Markewich, J. P., Murphy, Lupiano, Birns and Capozzoli, JJ.

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Order, Supreme Court, Bronx County, entered on October 10, 1975, granting plaintiff’s motion to vacate the dismissal of this action which had resulted from the application of CPLR 3404, unanimously affirmed, without costs and without disbursements. The various procedural steps taken by the parties hereto, subsequent to the time that this matter was marked off the calendar, clearly support plaintiff’s view, as adopted by the court below, that it never intended to abandon this action. Concur—Markewich, J. P., Murphy, Lupiano, Birns and Capozzoli, JJ.

Kelly-Masp Piledriving Corp. v. Vita Food Products, Inc., 52 A.D.2d 559, 382 N.Y.S.2d 321, 1976 N.Y. App. Div. LEXIS 12121 (N.Y. Ct. App. 1976).

Pincite

52 A.D.2d 559 (Kelly-Masp Piledriving Corp. v. Vita Food Products, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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