Morton v. City of New York

Appellate Division of the Supreme Court of New York

Morton v. City of New York

260 A.D. 867, 22 N.Y.S.2d 633, 1940 N.Y. App. Div. LEXIS 5133

Appellate Division of the Supreme Court of the State of New York·Decided October 7, 1940·Published

Opinion

Action to recover damages for personal injuries. Order granting conditionally appellant’s motion to dismiss the action for failure to prosecute modified by striking from the order everything following the word “ granted.” As thus modified, the order is affirmed, with ten dollars costs and disbursements to the appellant. No sufficient excuse for the delay of more than three years after joinder of issue was given, and the motion should have been granted unconditionally. (Rosenberg v. Pubnico Realty Corp., 258 App. Div. 1090.) Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.

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Action to recover damages for personal injuries. Order granting conditionally appellant’s motion to dismiss the action for failure to prosecute modified by striking from the order everything following the word “ granted.” As thus modified, the order is affirmed, with ten dollars costs and disbursements to the appellant. No sufficient excuse for the delay of more than three years after joinder of issue was given, and the motion should have been granted unconditionally. (Rosenberg v. Pubnico Realty Corp., 258 App. Div. 1090.) Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.

Morton v. City of New York, 260 A.D. 867, 22 N.Y.S.2d 633, 1940 N.Y. App. Div. LEXIS 5133 (N.Y. Ct. App. 1940).

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