Nichols Yacht Yards, Inc. v. Hudson Harbor Preservation Ass'n

Appellate Division of the Supreme Court of New York

Nichols Yacht Yards, Inc. v. Hudson Harbor Preservation Ass'n

91 A.D.2d 1067, 458 N.Y.S.2d 895, 1983 N.Y. App. Div. LEXIS 16402

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

DecidedJanuary 31, 1983

StatusPublished

This text of 91 A.D.2d 1067 (Nichols Yacht Yards, Inc. v. Hudson Harbor Preservation Ass'n) 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

Nichols Yacht Yards, Inc. v. Hudson Harbor Preservation Ass'n, 91 A.D.2d 1067, 458 N.Y.S.2d 895, 1983 N.Y. App. Div. LEXIS 16402 (N.Y. Ct. App. 1983).

Pincite

Opinion

— In an action, inter alia, to recover damages for libel, defendant Gosnell appeals from an order of the Supreme Court, Westchester County (Cerrato, J.), dated March '31, 1982, which, inter alia, denied his motion to dismiss the action as against him for failure to prosecute. The appeal brings up for review so much of a further order of the same court, dated May 18,1982, as, upon reargument, adhered to the original determination. Appeal from the order dated March 31,1982, dismissed as academic. That order was superseded by the order granting reargument. Order dated May 18,1982, affirmed, insofar as reviewed. Plaintiffs are awarded one bill of $50 costs and disbursements. Under the circumstances of this case, Special Term did not abuse its discretion in denying appellant’s motion, brought pursuant to CPLR 3216 (subd [e]), to dismiss the complaint for failure to prosecute. Titone, J. P., Bracken, Niehoff and Rubin, JJ., concur.

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— In an action, inter alia, to recover damages for libel, defendant Gosnell appeals from an order of the Supreme Court, Westchester County (Cerrato, J.), dated March '31, 1982, which, inter alia, denied his motion to dismiss the action as against him for failure to prosecute. The appeal brings up for review so much of a further order of the same court, dated May 18,1982, as, upon reargument, adhered to the original determination. Appeal from the order dated March 31,1982, dismissed as academic. That order was superseded by the order granting reargument. Order dated May 18,1982, affirmed, insofar as reviewed. Plaintiffs are awarded one bill of $50 costs and disbursements. Under the circumstances of this case, Special Term did not abuse its discretion in denying appellant’s motion, brought pursuant to CPLR 3216 (subd [e]), to dismiss the complaint for failure to prosecute. Titone, J. P., Bracken, Niehoff and Rubin, JJ., concur.

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Bluebook (online)

91 A.D.2d 1067, 458 N.Y.S.2d 895, 1983 N.Y. App. Div. LEXIS 16402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nichols-yacht-yards-inc-v-hudson-harbor-preservation-assn-nyappdiv-1983.