Russo v. Lynch

Appellate Division of the Supreme Court of New York

Russo v. Lynch

12 A.D.2d 495, 208 N.Y.S.2d 904, 1960 N.Y. App. Div. LEXIS 7210

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

DecidedNovember 7, 1960

StatusPublished

This text of 12 A.D.2d 495 (Russo v. Lynch) 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

Russo v. Lynch, 12 A.D.2d 495, 208 N.Y.S.2d 904, 1960 N.Y. App. Div. LEXIS 7210 (N.Y. Ct. App. 1960).

Pincite

Opinion

In an action to recover damages for personal injuries, the plaintiff appeals: (1) from an order of the Supreme Court, Kings County, dated March 23, 1960, granting the defendant Wagner’s motion to dismiss the complaint as to him for lack of prosecution and severing the action against the remaining defendants; and (2) from an order of said court dated [496]*496April 18, 1960, denying plaintiff’s motion, made on additional facts and papers, for “ reargument and reconsideration ” of the original motion. Orders affirmed, with one bill of $10 costs and disbursements, without prejudice to an application, if plaintiff be so advised, to vacate the order of March 23, 1960, dismissing the action; provided that such application be made within 20 days after the entry of the order hereon and that it be supported by proper papers, including an affidavit by the plaintiff showing the merits of the action. Nolan,. P. J., Beldock, Ughetta, Kleinfeld and Brennan, JJ., concur.

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In an action to recover damages for personal injuries, the plaintiff appeals: (1) from an order of the Supreme Court, Kings County, dated March 23, 1960, granting the defendant Wagner’s motion to dismiss the complaint as to him for lack of prosecution and severing the action against the remaining defendants; and (2) from an order of said court dated [496]*496April 18, 1960, denying plaintiff’s motion, made on additional facts and papers, for “ reargument and reconsideration ” of the original motion. Orders affirmed, with one bill of $10 costs and disbursements, without prejudice to an application, if plaintiff be so advised, to vacate the order of March 23, 1960, dismissing the action; provided that such application be made within 20 days after the entry of the order hereon and that it be supported by proper papers, including an affidavit by the plaintiff showing the merits of the action. Nolan,. P. J., Beldock, Ughetta, Kleinfeld and Brennan, JJ., concur.

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Bluebook (online)

12 A.D.2d 495, 208 N.Y.S.2d 904, 1960 N.Y. App. Div. LEXIS 7210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russo-v-lynch-nyappdiv-1960.