Parshall v. Grand Leasing Corp.

Appellate Division of the Supreme Court of New York

Parshall v. Grand Leasing Corp.

17 A.D.2d 953, 233 N.Y.S.2d 777, 1962 N.Y. App. Div. LEXIS 7239

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

DecidedNovember 5, 1962

StatusPublished

Cited by1 cases

This text of 17 A.D.2d 953 (Parshall v. Grand Leasing Corp.) 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

Parshall v. Grand Leasing Corp., 17 A.D.2d 953, 233 N.Y.S.2d 777, 1962 N.Y. App. Div. LEXIS 7239 (N.Y. Ct. App. 1962).

Pincite

Opinion

In an action to recover damages for wrongful death and for the recovery of security money on a lease, defendants appeal from an order of the Supreme Court, Queens County, dated April 12, 1962, which granted plaintiff’s motion to vacate a prior order of said court dated February 19, 1962, dismissing the complaint for lack of prosecution. Said prior order provided that the “ dismissal is with[954]*954out prejudice to a prompt motion to vacate ” the order. Order of April 12, 1962, affirmed, with $10 costs and disbursements. The failure to prosecute the. action has been explained; and, on the motion to vacate, a showing of a meritorious cause of action was made. No particular prejudice is shown to have resulted to the defendants by reason of the delay in prosecution. It is also to be noted that their motion to dismiss was made after the Statute of Limitations had run on the plaintiff’s cause of action, with the consequence that the plaintiff would be denied her day in court if the prior order dismissing the complaint were allowed to stand. Under the circumstances, the Special Term properly exercised its discretion in vacating such prior order of dismissal. Beldock, P. J., Ughetta, Kleinfeld, Hill and Rabin, JJ., concur.

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In an action to recover damages for wrongful death and for the recovery of security money on a lease, defendants appeal from an order of the Supreme Court, Queens County, dated April 12, 1962, which granted plaintiff’s motion to vacate a prior order of said court dated February 19, 1962, dismissing the complaint for lack of prosecution. Said prior order provided that the “ dismissal is with[954]*954out prejudice to a prompt motion to vacate ” the order. Order of April 12, 1962, affirmed, with $10 costs and disbursements. The failure to prosecute the. action has been explained; and, on the motion to vacate, a showing of a meritorious cause of action was made. No particular prejudice is shown to have resulted to the defendants by reason of the delay in prosecution. It is also to be noted that their motion to dismiss was made after the Statute of Limitations had run on the plaintiff’s cause of action, with the consequence that the plaintiff would be denied her day in court if the prior order dismissing the complaint were allowed to stand. Under the circumstances, the Special Term properly exercised its discretion in vacating such prior order of dismissal. Beldock, P. J., Ughetta, Kleinfeld, Hill and Rabin, JJ., concur.

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Bluebook (online)

17 A.D.2d 953, 233 N.Y.S.2d 777, 1962 N.Y. App. Div. LEXIS 7239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parshall-v-grand-leasing-corp-nyappdiv-1962.

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