Reis v. Badian

Appellate Division of the Supreme Court of New York

Reis v. Badian

19 A.D.2d 759, 241 N.Y.S.2d 494, 1963 N.Y. App. Div. LEXIS 3275

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

DecidedJuly 15, 1963

StatusPublished

This text of 19 A.D.2d 759 (Reis v. Badian) 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

Reis v. Badian, 19 A.D.2d 759, 241 N.Y.S.2d 494, 1963 N.Y. App. Div. LEXIS 3275 (N.Y. Ct. App. 1963).

Pincite

Opinion

Appeal by defendant from an order of the Supreme Court at Special Term which granted plaintiffs’ motion to modify a prior order of the court conditionally dismissing the complaint for failure to prosecute the action. It does not appear upon the record before us that the failure to show merit to the plaintiffs’ action was raised by defendant in opposition to the motion to modify the prior order of dismissal. In the circumstances presented we think that Special Term did not improvidently exercise its discretion. (SaVoaggio v. California Packing Co., 12 A D 2d 557.) Order unanimously affirmed, without costs. Present — Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by defendant from an order of the Supreme Court at Special Term which granted plaintiffs’ motion to modify a prior order of the court conditionally dismissing the complaint for failure to prosecute the action. It does not appear upon the record before us that the failure to show merit to the plaintiffs’ action was raised by defendant in opposition to the motion to modify the prior order of dismissal. In the circumstances presented we think that Special Term did not improvidently exercise its discretion. (SaVoaggio v. California Packing Co., 12 A D 2d 557.) Order unanimously affirmed, without costs. Present — Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

19 A.D.2d 759, 241 N.Y.S.2d 494, 1963 N.Y. App. Div. LEXIS 3275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reis-v-badian-nyappdiv-1963.