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Lange v. Bagish

Appellate Division of the Supreme Court of New York, Second Department
Jan 24, 1955
285 App. Div. 833 (N.Y. App. Div. 1955)

Opinion

January 24, 1955.


In an action to recover damages for personal injuries, defendants appeal from an order which denied their motion to dismiss the complaint for plaintiff's unreasonable neglect to prosecute the action. Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs. Plaintiff failed to present facts showing any reasonable excuse for her delay of more than three years after joinder of issue in bringing the cause on for trial. The denial of the motion was therefore an improper exercise of discretion ( Giovannucci v. Brooklyn Richmond Ferry Co., 278 App. Div. 861; Smith v. Schiller, 279 N.Y. 755 ; Fassett v. Valley Feed Supply Co., 283 App. Div. 108 1), even though the plaintiff filed and served a note of issue after the notice of motion to dismiss had been served. ( Giovannucci v. Brooklyn Richmond Ferry Co., supra, and cases cited therein.) Nolan, P.J., MacCrate, Schmidt, Beldock and Murphy, JJ., concur.


Summaries of

Lange v. Bagish

Appellate Division of the Supreme Court of New York, Second Department
Jan 24, 1955
285 App. Div. 833 (N.Y. App. Div. 1955)
Case details for

Lange v. Bagish

Case Details

Full title:CHARLOTTE LANGE, Respondent, v. BEN BAGISH et al., Appellants

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

Date published: Jan 24, 1955

Citations

285 App. Div. 833 (N.Y. App. Div. 1955)

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