Rothman v. Skernick

Appellate Terms of the Supreme Court of New York

Rothman v. Skernick

15 Misc. 2d 962, 187 N.Y.S.2d 255, 1958 N.Y. Misc. LEXIS 4086

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 7, 1958

StatusPublished

Cited by2 cases

This text of 15 Misc. 2d 962 (Rothman v. Skernick) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rothman v. Skernick, 15 Misc. 2d 962, 187 N.Y.S.2d 255, 1958 N.Y. Misc. LEXIS 4086 (N.Y. Ct. App. 1958).

Pincite

Opinion

Per Curiam.

Plaintiff failed to present any reason or excuse for her delay of more than two years after joinder of issue in bringing the cause on for trial. Under the circumstances here disclosed, it was an improper exercise of discretion to deny appellant’s motion to dismiss the action as against him for lack of prosecution. (Rothman v. Skernick & Morton Bros., N. Y. L. J., Oct. 28, 1957, p. 9, col. 3 and cases cited.)

The order should be unanimously reversed upon the law, with

$10 costs and taxable disbursements, and motion granted.

Concur — Pette, Hart and Di Giovanna, JJ.

Order reversed, etc.

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