Konigsberg v. Konigsberg

Appellate Terms of the Supreme Court of New York

Konigsberg v. Konigsberg

18 Misc. 2d 455, 193 N.Y.S.2d 485, 1959 N.Y. Misc. LEXIS 3618

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 26, 1959

StatusPublished

Cited by1 cases

This text of 18 Misc. 2d 455 (Konigsberg v. Konigsberg) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Konigsberg v. Konigsberg, 18 Misc. 2d 455, 193 N.Y.S.2d 485, 1959 N.Y. Misc. LEXIS 3618 (N.Y. Ct. App. 1959).

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Opinion

Per Curiam.

The' plaintiffs failed to present any valid reason or excuse for the delay of more than two years after joinder of issue in bringing the cause on for trial and failed to set forth any facts showing merit in their action. In the circumstances, it was an improvident exercise of discretion to deny defendant’s motion to dismiss the action for lack of prosecution {Gallagher v. Clafington, Inc., 7 A D 2d 627; Brassner Mfg. Co. v. Consolidated Edison Co., 1 A D 2d 840; Moebus v. Paul Tishman Co., 5 A D 2d 786; Mancino v. City of New York, 1 A D 2d 830; Fast v. Meenan Oil Co., 1 A D 2d 889; Taylor v. Savoy Ballroom Corp., 3 A D 2d 675; Topp v. Casco Prods. Corp., 8 A D 2d 727).

[456]*456The order should he unanimously reversed on the law, with $10 costs and the taxable disbursements to the defendant and motion to dismiss for lack of prosecution granted, without costs.

Concur — Pette, Hart and Brown, JJ.

Order reversed, etc.

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Per Curiam.

The' plaintiffs failed to present any valid reason or excuse for the delay of more than two years after joinder of issue in bringing the cause on for trial and failed to set forth any facts showing merit in their action. In the circumstances, it was an improvident exercise of discretion to deny defendant’s motion to dismiss the action for lack of prosecution {Gallagher v. Clafington, Inc., 7 A D 2d 627; Brassner Mfg. Co. v. Consolidated Edison Co., 1 A D 2d 840; Moebus v. Paul Tishman Co., 5 A D 2d 786; Mancino v. City of New York, 1 A D 2d 830; Fast v. Meenan Oil Co., 1 A D 2d 889; Taylor v. Savoy Ballroom Corp., 3 A D 2d 675; Topp v. Casco Prods. Corp., 8 A D 2d 727).

[456]*456The order should he unanimously reversed on the law, with $10 costs and the taxable disbursements to the defendant and motion to dismiss for lack of prosecution granted, without costs.

Concur — Pette, Hart and Brown, JJ.

Order reversed, etc.

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Bluebook (online)

18 Misc. 2d 455, 193 N.Y.S.2d 485, 1959 N.Y. Misc. LEXIS 3618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/konigsberg-v-konigsberg-nyappterm-1959.

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