Prieto v. Greenberg

Appellate Division of the Supreme Court of New York

Prieto v. Greenberg

38 A.D.2d 907, 330 N.Y.S.2d 984, 1972 N.Y. App. Div. LEXIS 5151

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

DecidedMarch 14, 1972

StatusPublished

This text of 38 A.D.2d 907 (Prieto v. Greenberg) 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

Prieto v. Greenberg, 38 A.D.2d 907, 330 N.Y.S.2d 984, 1972 N.Y. App. Div. LEXIS 5151 (N.Y. Ct. App. 1972).

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Opinion

Order, Supreme Court, New York County entered on December 5, 1969, unanimously reversed, on the law, the facts and in the exercise of discretion, and the motion to dismiss is denied on condition that the attorney for the plaintiff pay to defendant the sum of $200 costs, together with $30 costs and disbursements of this appeal, within 30 days after publication of the order herein. Upon falure to do so, the order will be affirmed and respondent shall recover of appellant $30 costs and disbursements of this appeal. In light of the severity of plaintiff’s injuries, the facts and the totality of circumstances here present, including the relatively short interval which elapsed between admitted receipt of the notice and filing of the requisite note of issue, we are persuaded to deny the motion but only upon the stated conditions. Concur — Stevens, P. J., Markewich, Nunez, Murphy and Steuer, JJ.

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Order, Supreme Court, New York County entered on December 5, 1969, unanimously reversed, on the law, the facts and in the exercise of discretion, and the motion to dismiss is denied on condition that the attorney for the plaintiff pay to defendant the sum of $200 costs, together with $30 costs and disbursements of this appeal, within 30 days after publication of the order herein. Upon falure to do so, the order will be affirmed and respondent shall recover of appellant $30 costs and disbursements of this appeal. In light of the severity of plaintiff’s injuries, the facts and the totality of circumstances here present, including the relatively short interval which elapsed between admitted receipt of the notice and filing of the requisite note of issue, we are persuaded to deny the motion but only upon the stated conditions. Concur — Stevens, P. J., Markewich, Nunez, Murphy and Steuer, JJ.

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Bluebook (online)

38 A.D.2d 907, 330 N.Y.S.2d 984, 1972 N.Y. App. Div. LEXIS 5151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prieto-v-greenberg-nyappdiv-1972.