Knightner v. U. B. S. Chemical Co.

Appellate Division of the Supreme Court of New York

Knightner v. U. B. S. Chemical Co.

43 A.D.2d 585, 349 N.Y.S.2d 645, 1973 N.Y. App. Div. LEXIS 3126

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

DecidedNovember 19, 1973

StatusPublished

This text of 43 A.D.2d 585 (Knightner v. U. B. S. Chemical 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

Knightner v. U. B. S. Chemical Co., 43 A.D.2d 585, 349 N.Y.S.2d 645, 1973 N.Y. App. Div. LEXIS 3126 (N.Y. Ct. App. 1973).

Pincite

Opinion

In an action to recover damages for personal and property injuries and wrongful death, defendants Lumber Headquarters of Brooklyn, New York/and Ingrid K. Abrahamson, as administratrix of the estate of Michael Guinn, appeal from an order of Supreme Court, Queens County, dated November 30, 1972, which denied motions to dismiss the action as to them for failure to serve a complaint within the time allowed therefor and granted/plaintiffs’ cross motion directing defendants to accept a complaint. Order Reversed as to appellants, without costs, motions to dismiss the action grafted as to appellants, and cross motion denied, in the exercise of discretion/ Upon a motion to dismiss an action for lack of prosecution the plaintiff is required to show (1) a reasonable excuse or justification for the delay/ind (2) that the cause of action has merit (Melfl v. Nash, 40 A D 2d 1017). This plaintiffs failed to do. Rabin, P. J., Hopkins, Munder, Martuscello and Latham, JJ., concur.

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In an action to recover damages for personal and property injuries and wrongful death, defendants Lumber Headquarters of Brooklyn, New York/and Ingrid K. Abrahamson, as administratrix of the estate of Michael Guinn, appeal from an order of Supreme Court, Queens County, dated November 30, 1972, which denied motions to dismiss the action as to them for failure to serve a complaint within the time allowed therefor and granted/plaintiffs’ cross motion directing defendants to accept a complaint. Order Reversed as to appellants, without costs, motions to dismiss the action grafted as to appellants, and cross motion denied, in the exercise of discretion/ Upon a motion to dismiss an action for lack of prosecution the plaintiff is required to show (1) a reasonable excuse or justification for the delay/ind (2) that the cause of action has merit (Melfl v. Nash, 40 A D 2d 1017). This plaintiffs failed to do. Rabin, P. J., Hopkins, Munder, Martuscello and Latham, JJ., concur.

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Bluebook (online)

43 A.D.2d 585, 349 N.Y.S.2d 645, 1973 N.Y. App. Div. LEXIS 3126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knightner-v-u-b-s-chemical-co-nyappdiv-1973.