Warshaw v. Carlis Realty Corp.

Appellate Division of the Supreme Court of New York

Warshaw v. Carlis Realty Corp.

136 A.D.2d 699, 523 N.Y.S.2d 980, 1988 N.Y. App. Div. LEXIS 866

Appellate Division of the Supreme Court of the State of New York·Decided January 25, 1988·Published

Opinion

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Becker, J.), dated May 1, 1986, which granted the motion of the defendant Trupiano to dismiss the complaint pursuant to CPLR 3216 for want of prosecution to the extent of dismissing the complaint as against her.

Ordered that the order is affirmed, with costs.

The Supreme Court did not abuse its discretion in dismissing the complaint as against the moving defendant for lack of prosecution (see, CPLR 3216). Thompson, J. P., Brown, Spatt and Sullivan, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Becker, J.), dated May 1, 1986, which granted the motion of the defendant Trupiano to dismiss the complaint pursuant to CPLR 3216 for want of prosecution to the extent of dismissing the complaint as against her.

Ordered that the order is affirmed, with costs.

The Supreme Court did not abuse its discretion in dismissing the complaint as against the moving defendant for lack of prosecution (see, CPLR 3216). Thompson, J. P., Brown, Spatt and Sullivan, JJ., concur.

Warshaw v. Carlis Realty Corp., 136 A.D.2d 699, 523 N.Y.S.2d 980, 1988 N.Y. App. Div. LEXIS 866 (N.Y. Ct. App. 1988).

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136 A.D.2d 699 (Warshaw v. Carlis Realty Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.