Miranda v. City of New York

Appellate Division of the Supreme Court of New York

Miranda v. City of New York

13 A.D.2d 723, 214 N.Y.S.2d 27, 1961 N.Y. App. Div. LEXIS 11153

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

DecidedMay 2, 1961

StatusPublished

This text of 13 A.D.2d 723 (Miranda 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

Miranda v. City of New York, 13 A.D.2d 723, 214 N.Y.S.2d 27, 1961 N.Y. App. Div. LEXIS 11153 (N.Y. Ct. App. 1961).

Pincite

Opinion

Order entered on September 8, 1960, denying a motion to, [724]*724dismiss for lack of prosecution, unanimously reversed on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to appellants and the motion granted, with $10 costs. The reasons offered by the plaintiff are insufficient to excuse the 21-month delay (see Harrington v. Kaufman, 5 A D 2d 195; Maizonet v. Lee Props., 11 A D 2d 667). Nor does the belated diligence of the plaintiff in furnishing a bill of particulars and filing a note of issue excuse the prior neglect (Nigro V. City of New York, 3 A D 2d 987). ConcurBotein, P. J., Rabin, McNally and Stevens, JJ.

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Order entered on September 8, 1960, denying a motion to, [724]*724dismiss for lack of prosecution, unanimously reversed on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to appellants and the motion granted, with $10 costs. The reasons offered by the plaintiff are insufficient to excuse the 21-month delay (see Harrington v. Kaufman, 5 A D 2d 195; Maizonet v. Lee Props., 11 A D 2d 667). Nor does the belated diligence of the plaintiff in furnishing a bill of particulars and filing a note of issue excuse the prior neglect (Nigro V. City of New York, 3 A D 2d 987). ConcurBotein, P. J., Rabin, McNally and Stevens, JJ.

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Bluebook (online)

13 A.D.2d 723, 214 N.Y.S.2d 27, 1961 N.Y. App. Div. LEXIS 11153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miranda-v-city-of-new-york-nyappdiv-1961.