Mittelman v. Goldhaber

Appellate Division of the Supreme Court of New York

Mittelman v. Goldhaber

51 A.D.2d 581, 378 N.Y.S.2d 1014, 1976 N.Y. App. Div. LEXIS 10873

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

DecidedJanuary 26, 1976

StatusPublished

This text of 51 A.D.2d 581 (Mittelman v. Goldhaber) 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

Mittelman v. Goldhaber, 51 A.D.2d 581, 378 N.Y.S.2d 1014, 1976 N.Y. App. Div. LEXIS 10873 (N.Y. Ct. App. 1976).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from two orders of the Supreme Court, Kings County, dated July 31, 1975 and September 24, 1975, respectively, each of which denied their single motion to vacate the dismissal of their complaint and to restore the action to the calendar for trial. Orders reversed, in the interests of justice, without costs or disbursements, and motion granted. Under the circumstances of this case, the denial of the motion to vacate the dismissal of the complaint was an improvident exercise of discretion. Hopkins, Acting P. J., Latham, Cohalan, Christ and Shapiro, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from two orders of the Supreme Court, Kings County, dated July 31, 1975 and September 24, 1975, respectively, each of which denied their single motion to vacate the dismissal of their complaint and to restore the action to the calendar for trial. Orders reversed, in the interests of justice, without costs or disbursements, and motion granted. Under the circumstances of this case, the denial of the motion to vacate the dismissal of the complaint was an improvident exercise of discretion. Hopkins, Acting P. J., Latham, Cohalan, Christ and Shapiro, JJ., concur.

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Bluebook (online)

51 A.D.2d 581, 378 N.Y.S.2d 1014, 1976 N.Y. App. Div. LEXIS 10873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mittelman-v-goldhaber-nyappdiv-1976.