Plaines v. Jones

Appellate Division of the Supreme Court of New York

Plaines v. Jones

21 A.D.2d 696, 252 N.Y.S.2d 42, 1964 N.Y. App. Div. LEXIS 3716

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

DecidedMay 25, 1964

StatusPublished

This text of 21 A.D.2d 696 (Plaines v. Jones) 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

Plaines v. Jones, 21 A.D.2d 696, 252 N.Y.S.2d 42, 1964 N.Y. App. Div. LEXIS 3716 (N.Y. Ct. App. 1964).

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Opinion

In a negligence action to recover damages for personal injury, etc., plaintiffs appeal from an order of the Supreme Court, Kings County, 'made October 23, 1963, which granted the motion of the defendant Jones to dismiss the complaint as against her for lack of prosecution. The record fails to contain the order of October 23, 1963 appealed from. It does contain, however, an order of said court, dated November 15, 1963, granting the motion to dismiss the complaint. It appears from the record and briefs that such order was made upon the granting of reargument, although the order itself does not so indicate. Such order has been reviewed on the court’s own motion, pursuant to statute (former Civ. Prac. Act, § 562-a, now CPLR 5517). Order of November 15, 1963, made on reargument, affirmed, without costs. No opinion. Appeal from order of October 23, 1963 dismissed as academic. That order in any event was superseded by the later order of November 15, 1963. Beldoek, P. J., Ughetta, Christ, Brennan and Hill, JJ., concur.

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In a negligence action to recover damages for personal injury, etc., plaintiffs appeal from an order of the Supreme Court, Kings County, 'made October 23, 1963, which granted the motion of the defendant Jones to dismiss the complaint as against her for lack of prosecution. The record fails to contain the order of October 23, 1963 appealed from. It does contain, however, an order of said court, dated November 15, 1963, granting the motion to dismiss the complaint. It appears from the record and briefs that such order was made upon the granting of reargument, although the order itself does not so indicate. Such order has been reviewed on the court’s own motion, pursuant to statute (former Civ. Prac. Act, § 562-a, now CPLR 5517). Order of November 15, 1963, made on reargument, affirmed, without costs. No opinion. Appeal from order of October 23, 1963 dismissed as academic. That order in any event was superseded by the later order of November 15, 1963. Beldoek, P. J., Ughetta, Christ, Brennan and Hill, JJ., concur.

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Bluebook (online)

21 A.D.2d 696, 252 N.Y.S.2d 42, 1964 N.Y. App. Div. LEXIS 3716, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plaines-v-jones-nyappdiv-1964.

Opinion

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