Rogers v. Pomerantz

Appellate Division of the Supreme Court of New York

Rogers v. Pomerantz

19 A.D.2d 794, 243 N.Y.S.2d 474, 1963 N.Y. App. Div. LEXIS 3193

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

DecidedSeptember 30, 1963

StatusPublished

This text of 19 A.D.2d 794 (Rogers v. Pomerantz) 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

Rogers v. Pomerantz, 19 A.D.2d 794, 243 N.Y.S.2d 474, 1963 N.Y. App. Div. LEXIS 3193 (N.Y. Ct. App. 1963).

Pincite

Opinion

In an action to recover damages for injury to person and property, defendant appeals from an order of the Supreme Court, Nassau County, dated March 1, 1963, which denied his motion to dismiss the complaint for lack of prosecution “ with leave to renew in the event application for a general preference * * * is not filed on or before March 11, 1963, or in the event such general preference is denied.” Order reversed, without costs; motion granted unconditionally; and complaint dismissed, without costs. The record fails to show any adequate excuse for the delay of more than three years in the prosecution of this action. Beldoek, P, J,, Ughetta, Christ, Brennan and Hill, JJ., concur.

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In an action to recover damages for injury to person and property, defendant appeals from an order of the Supreme Court, Nassau County, dated March 1, 1963, which denied his motion to dismiss the complaint for lack of prosecution “ with leave to renew in the event application for a general preference * * * is not filed on or before March 11, 1963, or in the event such general preference is denied.” Order reversed, without costs; motion granted unconditionally; and complaint dismissed, without costs. The record fails to show any adequate excuse for the delay of more than three years in the prosecution of this action. Beldoek, P, J,, Ughetta, Christ, Brennan and Hill, JJ., concur.

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Bluebook (online)

19 A.D.2d 794, 243 N.Y.S.2d 474, 1963 N.Y. App. Div. LEXIS 3193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-pomerantz-nyappdiv-1963.