Klein v. Weingarten & Co.

Appellate Division of the Supreme Court of New York

Klein v. Weingarten & Co.

54 A.D.2d 558, 386 N.Y.S.2d 1008, 1976 N.Y. App. Div. LEXIS 13874

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

DecidedSeptember 20, 1976

StatusPublished

This text of 54 A.D.2d 558 (Klein v. Weingarten & Co.) 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. Weingarten & Co., 54 A.D.2d 558, 386 N.Y.S.2d 1008, 1976 N.Y. App. Div. LEXIS 13874 (N.Y. Ct. App. 1976).

Pincite

Opinion

In an action inter alia to recover damages for fraud, plaintiff appeals from three orders of the Supreme Court, Kings County, as follows: (1) as limited by his brief, so much of an order dated May 13, 1974, as dismissed the complaint against defendants Weingarten & Co. and Mabon, Nugent & Co.; (2) an order dated November 10, 1975, which struck the action as against defendant Sonn from the calendar; and (3) an order dated March 3, 1976, which dismissed the action as against defendants Lass and Sonn for failure to prosecute. Order dated May 13, 1974 affirmed insofar as appealed from, and orders dated November 10, 1975 and March 3, 1976 affirmed, with one bill of $50 costs and disbursements jointly to respondents. Upon the facts presented herein, Special Term properly dismissed the action (1) as against defendants Weingarten & Co. and Mabon, Nugent & Co., based upon the prior State action and (2) as against the remaining defendants, for failure to prosecute. Gulotta, P. J., Hopkins, Latham, Cohalan and Hawkins, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action inter alia to recover damages for fraud, plaintiff appeals from three orders of the Supreme Court, Kings County, as follows: (1) as limited by his brief, so much of an order dated May 13, 1974, as dismissed the complaint against defendants Weingarten & Co. and Mabon, Nugent & Co.; (2) an order dated November 10, 1975, which struck the action as against defendant Sonn from the calendar; and (3) an order dated March 3, 1976, which dismissed the action as against defendants Lass and Sonn for failure to prosecute. Order dated May 13, 1974 affirmed insofar as appealed from, and orders dated November 10, 1975 and March 3, 1976 affirmed, with one bill of $50 costs and disbursements jointly to respondents. Upon the facts presented herein, Special Term properly dismissed the action (1) as against defendants Weingarten & Co. and Mabon, Nugent & Co., based upon the prior State action and (2) as against the remaining defendants, for failure to prosecute. Gulotta, P. J., Hopkins, Latham, Cohalan and Hawkins, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

54 A.D.2d 558, 386 N.Y.S.2d 1008, 1976 N.Y. App. Div. LEXIS 13874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klein-v-weingarten-co-nyappdiv-1976.