Prieto v. Sanchez

Appellate Division of the Supreme Court of New York

Prieto v. Sanchez

19 A.D.2d 789, 1963 N.Y. App. Div. LEXIS 3206

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

DecidedSeptember 26, 1963

StatusPublished

This text of 19 A.D.2d 789 (Prieto v. Sanchez) 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.

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Prieto v. Sanchez, 19 A.D.2d 789, 1963 N.Y. App. Div. LEXIS 3206 (N.Y. Ct. App. 1963).

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Opinion

— Order, entered on August 13, 1962, granting, conditionally, defendant’s motion to dismiss for failure to prosecute, unanimously modified, on the law and in the exercise of discretion, so as to grant the motion to dismiss unconditionally, with $10 costs, and, as so modified, affirmed, with $20 costs and disbursements to the appellant. The Clerk is directed to enter judgment accordingly. Plaintiffs are given leave to move, within 30 days after entry of judgment, to vacate same upon payment of taxable costs and upon a proper affidavit of merit. Concur — Botein, P. J., Breitel, Rabin, Eager and Steuer, JJ.

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— Order, entered on August 13, 1962, granting, conditionally, defendant’s motion to dismiss for failure to prosecute, unanimously modified, on the law and in the exercise of discretion, so as to grant the motion to dismiss unconditionally, with $10 costs, and, as so modified, affirmed, with $20 costs and disbursements to the appellant. The Clerk is directed to enter judgment accordingly. Plaintiffs are given leave to move, within 30 days after entry of judgment, to vacate same upon payment of taxable costs and upon a proper affidavit of merit. Concur — Botein, P. J., Breitel, Rabin, Eager and Steuer, JJ.

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Bluebook (online)

19 A.D.2d 789, 1963 N.Y. App. Div. LEXIS 3206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prieto-v-sanchez-nyappdiv-1963.