Stroem v. Met Foods, Inc.

Appellate Division of the Supreme Court of New York

Stroem v. Met Foods, Inc.

69 A.D.2d 878, 415 N.Y.S.2d 1009, 1979 N.Y. App. Div. LEXIS 11606

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

DecidedApril 23, 1979

StatusPublished

This text of 69 A.D.2d 878 (Stroem v. Met Foods, 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

Stroem v. Met Foods, Inc., 69 A.D.2d 878, 415 N.Y.S.2d 1009, 1979 N.Y. App. Div. LEXIS 11606 (N.Y. Ct. App. 1979).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, etc., defendant appeals from an order of the Supreme Court, Nassau County, dated October 5, 1978, which denied its motion to dismiss the complaint for failure to prosecute (see CPLR 3216). Order affirmed, without costs or disbursements, on condition that plaintiffs pay the sum of $350 to the defendant, within 20 days after service upon them of a copy of the order to be made hereon, together with notice of entry thereof; in the event such condition is not complied with, order reversed, with $50 costs and disbursements, and defendant’s motion to dismiss the complaint granted. In the circumstances of this case, it was not an abuse of discretion to deny defendant’s motion to dismiss for want of prosecution (see CPLR 3216). However, costs are being imposed to emphasize that the statutory rules of procedure and the rules of this court cannot be ignored. Rabin, J. P., Gulotta, Hargett and Martuscello, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., defendant appeals from an order of the Supreme Court, Nassau County, dated October 5, 1978, which denied its motion to dismiss the complaint for failure to prosecute (see CPLR 3216). Order affirmed, without costs or disbursements, on condition that plaintiffs pay the sum of $350 to the defendant, within 20 days after service upon them of a copy of the order to be made hereon, together with notice of entry thereof; in the event such condition is not complied with, order reversed, with $50 costs and disbursements, and defendant’s motion to dismiss the complaint granted. In the circumstances of this case, it was not an abuse of discretion to deny defendant’s motion to dismiss for want of prosecution (see CPLR 3216). However, costs are being imposed to emphasize that the statutory rules of procedure and the rules of this court cannot be ignored. Rabin, J. P., Gulotta, Hargett and Martuscello, JJ., concur.

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Bluebook (online)

69 A.D.2d 878, 415 N.Y.S.2d 1009, 1979 N.Y. App. Div. LEXIS 11606, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stroem-v-met-foods-inc-nyappdiv-1979.