Levine v. City of New York

Appellate Division of the Supreme Court of New York

Levine v. City of New York

3 A.D.2d 682, 159 N.Y.S.2d 265, 1957 N.Y. App. Div. LEXIS 6550

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

DecidedJanuary 30, 1957

StatusPublished

This text of 3 A.D.2d 682 (Levine 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

Levine v. City of New York, 3 A.D.2d 682, 159 N.Y.S.2d 265, 1957 N.Y. App. Div. LEXIS 6550 (N.Y. Ct. App. 1957).

Pincite

Opinion

In an action to recover damages for personal injuries and for medical expenses and loss of services, the appeal is from an order denying a motion to dismiss the complaint, pursuant to section 181 of the Civil Practice Act and rule 156 of the Rules of Civil Practice, for failure to prosecute. Order affirmed, with $10 costs and disbursements. We do not agree with the learned Special Term that the failure to file a note of issue in this ease was occasioned by the [683]*683engagement of respondents’ attorney in attendance at the pretrial sessions of the court. In our opinion, however, such omission was not the result of any willful or deliberate act. Under the circumstances of this case, where appellant has concededly suffered no prejudice and respondents have made a showing of meritorious causes of action, Special Term properly exercised its discretion {Brown v. Gity of New York, 1 A D 2d 905). Nolan, P. J., Beldoek, Murphy, Ughetta and Hallinan, JJ., concur.

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In an action to recover damages for personal injuries and for medical expenses and loss of services, the appeal is from an order denying a motion to dismiss the complaint, pursuant to section 181 of the Civil Practice Act and rule 156 of the Rules of Civil Practice, for failure to prosecute. Order affirmed, with $10 costs and disbursements. We do not agree with the learned Special Term that the failure to file a note of issue in this ease was occasioned by the [683]*683engagement of respondents’ attorney in attendance at the pretrial sessions of the court. In our opinion, however, such omission was not the result of any willful or deliberate act. Under the circumstances of this case, where appellant has concededly suffered no prejudice and respondents have made a showing of meritorious causes of action, Special Term properly exercised its discretion {Brown v. Gity of New York, 1 A D 2d 905). Nolan, P. J., Beldoek, Murphy, Ughetta and Hallinan, JJ., concur.

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Bluebook (online)

3 A.D.2d 682, 159 N.Y.S.2d 265, 1957 N.Y. App. Div. LEXIS 6550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levine-v-city-of-new-york-nyappdiv-1957.