Rosenthal v. Jo-Mel Frocks, Inc.

Appellate Division of the Supreme Court of New York

Rosenthal v. Jo-Mel Frocks, Inc.

6 A.D.2d 686, 174 N.Y.S.2d 946, 1958 N.Y. App. Div. LEXIS 5746

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

DecidedMay 27, 1958

StatusPublished

This text of 6 A.D.2d 686 (Rosenthal v. Jo-Mel Frocks, Inc.) 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

Rosenthal v. Jo-Mel Frocks, Inc., 6 A.D.2d 686, 174 N.Y.S.2d 946, 1958 N.Y. App. Div. LEXIS 5746 (N.Y. Ct. App. 1958).

Pincite

Opinion

— This is an appeal from a Special Term order granting a motion to dismiss for failure to prosecute unless the plaintiff served and filed a note of issue for the March, 1958 Term, together with a statement of readiness. The order is unanimously modified so as to provide that the motion be granted unless the plaintiff serves and files a note of issue for the September, 1958 Term together with a statement of readiness, if a note of issue and statement have not heretofore been served and filed. In addition thereto, within 20 days after the service of a copy of the order to be entered herein, the plaintiff shall [687]*687pay: (1) $10 motion costs; (2) the taxable costs and disbursements in the action to date and on this appeal, and (3) furnish an undertaking in the sum of $500 to secure the defendant for any future costs and disbursements to which it may become entitled in this action, if any. Settle order. Concur — Botein, P. J., Breitel, Frank, MeHally and Stevens, JJ.

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— This is an appeal from a Special Term order granting a motion to dismiss for failure to prosecute unless the plaintiff served and filed a note of issue for the March, 1958 Term, together with a statement of readiness. The order is unanimously modified so as to provide that the motion be granted unless the plaintiff serves and files a note of issue for the September, 1958 Term together with a statement of readiness, if a note of issue and statement have not heretofore been served and filed. In addition thereto, within 20 days after the service of a copy of the order to be entered herein, the plaintiff shall [687]*687pay: (1) $10 motion costs; (2) the taxable costs and disbursements in the action to date and on this appeal, and (3) furnish an undertaking in the sum of $500 to secure the defendant for any future costs and disbursements to which it may become entitled in this action, if any. Settle order. Concur — Botein, P. J., Breitel, Frank, MeHally and Stevens, JJ.

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Bluebook (online)

6 A.D.2d 686, 174 N.Y.S.2d 946, 1958 N.Y. App. Div. LEXIS 5746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenthal-v-jo-mel-frocks-inc-nyappdiv-1958.