Klein v. City of New York

Appellate Division of the Supreme Court of New York

Klein v. City of New York

18 A.D.2d 1063, 239 N.Y.S.2d 458, 1963 N.Y. App. Div. LEXIS 3921

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

DecidedApril 18, 1963

StatusPublished

This text of 18 A.D.2d 1063 (Klein v. City of New York) 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

Klein v. City of New York, 18 A.D.2d 1063, 239 N.Y.S.2d 458, 1963 N.Y. App. Div. LEXIS 3921 (N.Y. Ct. App. 1963).

Pincite

Opinion

Order, entered on October 13, 1961, denying motion to dismiss for lack of prosecution, unanimously reversed, on the law and the facts and as a matter of discretion, with $20 costs and disbursements to appellants, and the motions granted, with $10 costs. The action was at issue for 27 months and no steps were taken to place it on the calendar. Plaintiffs attempt to excuse this inordinate delay by a claim that they were awaiting a decision in the Court of Appeals. The decision referred to was in an unrelated case. Such a contention, even though credited, provides no excuse. Concur — Breitel, J. P., McNally, Stevens, Eager and Steuer, JJ.

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Order, entered on October 13, 1961, denying motion to dismiss for lack of prosecution, unanimously reversed, on the law and the facts and as a matter of discretion, with $20 costs and disbursements to appellants, and the motions granted, with $10 costs. The action was at issue for 27 months and no steps were taken to place it on the calendar. Plaintiffs attempt to excuse this inordinate delay by a claim that they were awaiting a decision in the Court of Appeals. The decision referred to was in an unrelated case. Such a contention, even though credited, provides no excuse. Concur — Breitel, J. P., McNally, Stevens, Eager and Steuer, JJ.

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Bluebook (online)

18 A.D.2d 1063, 239 N.Y.S.2d 458, 1963 N.Y. App. Div. LEXIS 3921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klein-v-city-of-new-york-nyappdiv-1963.