Ng Pung Foon v. Blumenthal

Appellate Division of the Supreme Court of New York

Ng Pung Foon v. Blumenthal

18 A.D.2d 905, 237 N.Y.S.2d 792, 1963 N.Y. App. Div. LEXIS 4321

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

DecidedFebruary 21, 1963

StatusPublished

This text of 18 A.D.2d 905 (Ng Pung Foon v. Blumenthal) 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

Ng Pung Foon v. Blumenthal, 18 A.D.2d 905, 237 N.Y.S.2d 792, 1963 N.Y. App. Div. LEXIS 4321 (N.Y. Ct. App. 1963).

Pincite

Opinion

Order, entered on August 29, 1962, conditionally granting the motion of defendant Guerriero Co., Inc., to dismiss the complaint, unanimously modified, on the law and on the facts, with $20 costs [906]*906and disbursements to defendant-appellant, to the extent of granting same unconditionally, and, as so modified, affirmed. This action to recover damages for personal injuries was commenced November 3, 1959. Issue was originally joined December 3, 1959. An amended complaint was served December 17, 1959, and issue joined .thereon December 29, 1959. On March 7, 1962 plaintiff served his bill of ¡particulars. A note of issue has not been served. The delay in the prosecution of this action attributed to plaintiff’s age and language difficulty and the attempts to procure a medical report in aid of the bill of particulars do not sufficiently explain the long delay in proceeding with this action. (Cassieri v. Houston Motors Auto Leasing, 16 A D 2d 632.) Concur — Rabin, J. P., McNally, Eager and Steuer, JJ.

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Order, entered on August 29, 1962, conditionally granting the motion of defendant Guerriero Co., Inc., to dismiss the complaint, unanimously modified, on the law and on the facts, with $20 costs [906]*906and disbursements to defendant-appellant, to the extent of granting same unconditionally, and, as so modified, affirmed. This action to recover damages for personal injuries was commenced November 3, 1959. Issue was originally joined December 3, 1959. An amended complaint was served December 17, 1959, and issue joined .thereon December 29, 1959. On March 7, 1962 plaintiff served his bill of ¡particulars. A note of issue has not been served. The delay in the prosecution of this action attributed to plaintiff’s age and language difficulty and the attempts to procure a medical report in aid of the bill of particulars do not sufficiently explain the long delay in proceeding with this action. (Cassieri v. Houston Motors Auto Leasing, 16 A D 2d 632.) Concur — Rabin, J. P., McNally, Eager and Steuer, JJ.

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Bluebook (online)

18 A.D.2d 905, 237 N.Y.S.2d 792, 1963 N.Y. App. Div. LEXIS 4321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ng-pung-foon-v-blumenthal-nyappdiv-1963.