Kollner v. Bond

Appellate Division of the Supreme Court of New York

Kollner v. Bond

27 A.D.2d 662, 277 N.Y.S.2d 824, 1967 N.Y. App. Div. LEXIS 5026

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

DecidedJanuary 16, 1967

StatusPublished

This text of 27 A.D.2d 662 (Kollner v. Bond) 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

Kollner v. Bond, 27 A.D.2d 662, 277 N.Y.S.2d 824, 1967 N.Y. App. Div. LEXIS 5026 (N.Y. Ct. App. 1967).

Pincite

Opinion

Judgment of the -Supreme Court, Nassau County, dated July 7, 1966, and two orders of said court, dated June 2, 1966 and June 27, 1966, respectively, [663]*663reversed, without costs; plaintiff’s motions granted to the extent of giving him leave to serve and file a note of issue and statement of readiness for the next available term and otherwise denied; and defendant’s cross motion inter alia to dismiss the complaint for lack of prosecution denied. In our opinion, under the circumstances of this case, it was an improvident exercise of discretion to dismiss the action for want of prosecution. There has not been an interruption of proceedings in the litigation or any showing of abandonment of the action through inordinate delay on plaintiff’s part. Ughetta, Acting P. J., Christ, Brennan and Hopkins, JJ., concur; Rabin, J., not voting.

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

Judgment of the -Supreme Court, Nassau County, dated July 7, 1966, and two orders of said court, dated June 2, 1966 and June 27, 1966, respectively, [663]*663reversed, without costs; plaintiff’s motions granted to the extent of giving him leave to serve and file a note of issue and statement of readiness for the next available term and otherwise denied; and defendant’s cross motion inter alia to dismiss the complaint for lack of prosecution denied. In our opinion, under the circumstances of this case, it was an improvident exercise of discretion to dismiss the action for want of prosecution. There has not been an interruption of proceedings in the litigation or any showing of abandonment of the action through inordinate delay on plaintiff’s part. Ughetta, Acting P. J., Christ, Brennan and Hopkins, JJ., concur; Rabin, J., not voting.

Cite This Page — Counsel Stack

Bluebook (online)

27 A.D.2d 662, 277 N.Y.S.2d 824, 1967 N.Y. App. Div. LEXIS 5026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kollner-v-bond-nyappdiv-1967.