Praino v. Times Square Trucking Corp.

Appellate Division of the Supreme Court of New York

Praino v. Times Square Trucking Corp.

53 A.D.2d 574, 384 N.Y.S.2d 812, 1976 N.Y. App. Div. LEXIS 13203

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

DecidedJune 22, 1976

StatusPublished

This text of 53 A.D.2d 574 (Praino v. Times Square Trucking 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

Praino v. Times Square Trucking Corp., 53 A.D.2d 574, 384 N.Y.S.2d 812, 1976 N.Y. App. Div. LEXIS 13203 (N.Y. Ct. App. 1976).

Pincite

Opinion

Order, Supreme Court, Bronx County, entered on December 16, 1975, denying defendant’s motion to dismiss this personal injury action pursuant to CPLR 3215 (subd [c]) unanimously affirmed, without costs and without disbursements. CPLR 3215 (subd [c]) provides for the dismissal of a complaint where a "plaintiff fails to take proceedings for the entry of judgment within one year after * * * default”. The cited section is inapplicable to the case at bar, since there was no default by defendant until after June 12, 1975, the date on which plaintiffs filed the summons herein with proof of service. Concur— Stevens, P. J., Kupferman, Murphy, Capozzoli and Yesawich, JJ.

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Order, Supreme Court, Bronx County, entered on December 16, 1975, denying defendant’s motion to dismiss this personal injury action pursuant to CPLR 3215 (subd [c]) unanimously affirmed, without costs and without disbursements. CPLR 3215 (subd [c]) provides for the dismissal of a complaint where a "plaintiff fails to take proceedings for the entry of judgment within one year after * * * default”. The cited section is inapplicable to the case at bar, since there was no default by defendant until after June 12, 1975, the date on which plaintiffs filed the summons herein with proof of service. Concur— Stevens, P. J., Kupferman, Murphy, Capozzoli and Yesawich, JJ.

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Bluebook (online)

53 A.D.2d 574, 384 N.Y.S.2d 812, 1976 N.Y. App. Div. LEXIS 13203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/praino-v-times-square-trucking-corp-nyappdiv-1976.