Rojas v. Prudential Grace Lines, Inc.

Appellate Division of the Supreme Court of New York

Rojas v. Prudential Grace Lines, Inc.

86 A.D.2d 890, 450 N.Y.S.2d 403, 1982 N.Y. App. Div. LEXIS 15547

Appellate Division of the Supreme Court of the State of New York·Decided February 22, 1982·Published

Opinion

In a personal injury action, defendant appeals from an order of the Supreme Court, Kings County (Bellard, J.), dated April 13, 1981, which denied its motion pursuant to CPLR 3216 to dismiss the complaint for want of prosecution. Order reversed, on the law, with $50 costs and disbursements, and motion to dismiss the complaint granted. Special Term abused its discretion in denying the motion in view of the fact that the [891] record shows no more than law office failure (see Barasch v Micucci, 49 NY2d 594; Crucilla v Howe Richardson Scale Co., 80 AD2d 575). Mollen, P.J., Mangano, Gibbons and Thompson, JJ., concur.

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In a personal injury action, defendant appeals from an order of the Supreme Court, Kings County (Bellard, J.), dated April 13, 1981, which denied its motion pursuant to CPLR 3216 to dismiss the complaint for want of prosecution. Order reversed, on the law, with $50 costs and disbursements, and motion to dismiss the complaint granted. Special Term abused its discretion in denying the motion in view of the fact that the [891] record shows no more than law office failure (see Barasch v Micucci, 49 NY2d 594; Crucilla v Howe Richardson Scale Co., 80 AD2d 575). Mollen, P.J., Mangano, Gibbons and Thompson, JJ., concur.

Rojas v. Prudential Grace Lines, Inc., 86 A.D.2d 890, 450 N.Y.S.2d 403, 1982 N.Y. App. Div. LEXIS 15547 (N.Y. Ct. App. 1982).

Pincite

86 A.D.2d 890 (Rojas v. Prudential Grace Lines, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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