Schwarz v. Horn & Hardart Co.

Appellate Division of the Supreme Court of New York

Schwarz v. Horn & Hardart Co.

26 A.D.2d 944, 275 N.Y.S.2d 824, 1966 N.Y. App. Div. LEXIS 3112

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

DecidedNovember 14, 1966

StatusPublished

This text of 26 A.D.2d 944 (Schwarz v. Horn & Hardart Co.) 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

Schwarz v. Horn & Hardart Co., 26 A.D.2d 944, 275 N.Y.S.2d 824, 1966 N.Y. App. Div. LEXIS 3112 (N.Y. Ct. App. 1966).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Queens County, entered May 3, 1966, which denied defendant’s motion, pursuant to CPLR 3012 (subd. [b]), to dismiss the action for failure to serve a complaint. Order reversed, without costs; defendant’s motion granted; and action dismissed, without costs. Under the circumstances disclosed by the record, the denial of defendant’s motion to dismiss the action was an improvident exercise of discretion by the Special Term. Beldock, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.

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In a negligence action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Queens County, entered May 3, 1966, which denied defendant’s motion, pursuant to CPLR 3012 (subd. [b]), to dismiss the action for failure to serve a complaint. Order reversed, without costs; defendant’s motion granted; and action dismissed, without costs. Under the circumstances disclosed by the record, the denial of defendant’s motion to dismiss the action was an improvident exercise of discretion by the Special Term. Beldock, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.

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Bluebook (online)

26 A.D.2d 944, 275 N.Y.S.2d 824, 1966 N.Y. App. Div. LEXIS 3112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schwarz-v-horn-hardart-co-nyappdiv-1966.