Lurie v. Abelove

Appellate Division of the Supreme Court of New York

Lurie v. Abelove

20 A.D.2d 631, 246 N.Y.S.2d 43, 1964 N.Y. App. Div. LEXIS 4520

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

DecidedJanuary 23, 1964

StatusPublished

This text of 20 A.D.2d 631 (Lurie v. Abelove) 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

Lurie v. Abelove, 20 A.D.2d 631, 246 N.Y.S.2d 43, 1964 N.Y. App. Div. LEXIS 4520 (N.Y. Ct. App. 1964).

Pincite

Opinion

Order, entered on March 29, 1963, granting defendants’ motion to dismiss the complaint for failure to prosecute in a stockholder’s derivative action, unanimously affirmed, with $20 costs and disbursements to- defendants-respondents. Whether or not delay in prosecution is unreasonable depends upon the nature of the case, the degree of merit in the ease and the particular difficulties in going forward with the ease. If the delay in prosecution is unreasonable, the nature of the action does not preclude dismissal therefor. (See Sortino v. Fisher, 20 A D 2d 25.) Concur—Breitel, J. P., Yalente, McNally and Eager, JJ.

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

Order, entered on March 29, 1963, granting defendants’ motion to dismiss the complaint for failure to prosecute in a stockholder’s derivative action, unanimously affirmed, with $20 costs and disbursements to- defendants-respondents. Whether or not delay in prosecution is unreasonable depends upon the nature of the case, the degree of merit in the ease and the particular difficulties in going forward with the ease. If the delay in prosecution is unreasonable, the nature of the action does not preclude dismissal therefor. (See Sortino v. Fisher, 20 A D 2d 25.) Concur—Breitel, J. P., Yalente, McNally and Eager, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

20 A.D.2d 631, 246 N.Y.S.2d 43, 1964 N.Y. App. Div. LEXIS 4520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lurie-v-abelove-nyappdiv-1964.