Musarra v. Earl

Appellate Division of the Supreme Court of New York

Musarra v. Earl

22 A.D.2d 705, 254 N.Y.S.2d 514, 1964 N.Y. App. Div. LEXIS 2972

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

DecidedOctober 26, 1964

StatusPublished

This text of 22 A.D.2d 705 (Musarra v. Earl) 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

Musarra v. Earl, 22 A.D.2d 705, 254 N.Y.S.2d 514, 1964 N.Y. App. Div. LEXIS 2972 (N.Y. Ct. App. 1964).

Pincite

Opinion

In a negligence action to recover damages for injury to person and property, plaintiffs appeal from two orders of the Supreme Court, Kings County, respectively dated November 19, 1963 and December 9, 1963 and granting defendants’ separate motions to dismiss the complaint for lack of prosecution. Orders reversed, without costs, and motions denied. Under all the circumstances, we believe that it was an improvident exercise of discretion to grant the motions to dismiss the complaint. Ughetta, Acting P. J., Brennan, Hill, Rabin and Hopkins, JJ., concur.

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In a negligence action to recover damages for injury to person and property, plaintiffs appeal from two orders of the Supreme Court, Kings County, respectively dated November 19, 1963 and December 9, 1963 and granting defendants’ separate motions to dismiss the complaint for lack of prosecution. Orders reversed, without costs, and motions denied. Under all the circumstances, we believe that it was an improvident exercise of discretion to grant the motions to dismiss the complaint. Ughetta, Acting P. J., Brennan, Hill, Rabin and Hopkins, JJ., concur.

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Bluebook (online)

22 A.D.2d 705, 254 N.Y.S.2d 514, 1964 N.Y. App. Div. LEXIS 2972, Counsel Stack Legal Research, https://law.counselstack.com/opinion/musarra-v-earl-nyappdiv-1964.