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Ajlaimo v. Velco Enterprises

Appellate Division of the Supreme Court of New York, Second Department
Dec 9, 1996
234 A.D.2d 325 (N.Y. App. Div. 1996)

Opinion

December 9, 1996.

In an action to recover damages for goods sold and delivered, the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Fredman, J.), entered February 15, 1996, as granted the defendant's motion to dismiss the action pursuant to CPLR 3211 (a) (5).

Before: Bracken, J.P., Copertino, Joy, Florio and McGinity, JJ.


Ordered that the order is affirmed insofar as appealed from, with costs.

A prior action by the plaintiffs assignor was dismissed after the Supreme Court determined that it had failed to appear for two court-ordered conferences, and had failed to comply with discovery requests for more than three years. Under these circumstances, the dismissal of the prior action was for "neglect to prosecute" within the meaning of CPLR 205 (a) ( see, Flans v Federal Ins. Co., 43 NY2d 881; see also, Murray v Ralph E. Morelli, P. C, 208 AD2d 604; Ginsberg v City of Long Beach, 191 AD2d 478; Kelly v Rosenthal, 176 AD2d 283). Accordingly, the court did not improvidently exercise its discretion in dismissing this action which was based upon the same transaction.

The plaintiffs remaining contentions are without merit.


Summaries of

Ajlaimo v. Velco Enterprises

Appellate Division of the Supreme Court of New York, Second Department
Dec 9, 1996
234 A.D.2d 325 (N.Y. App. Div. 1996)
Case details for

Ajlaimo v. Velco Enterprises

Case Details

Full title:Louis AJLAIMO, Appellant, v. VELCO ENTERPRISES, LTD., Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 9, 1996

Citations

234 A.D.2d 325 (N.Y. App. Div. 1996)
651 N.Y.S.2d 95

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