AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

VINCENT J. COSTANZO, Respondent, v. PAUL SCHWEDLER, Appellant.

In an action by plaintiff to recover damages for injuries to person and property, allegedly caused by the collision of two motor vehicles, the defendant appeals from an order of the Supreme Court, Suffolk County, entered November 4, 1960, which denied his motion, made pursuant to rule 156 of the Rules of Civil Practice, to dismiss the complaint for lack of prosecution. Order reversed, with $10 costs and disbursements, and motion granted. Defendant's motion to dismiss was made some 15 months after the joinder of issue. In opposition to the motion, plaintiff submitted only the affidavit of his attorney stating that a bill of particulars and a note of issue had just been served. No affidavit setting forth the merits of the action was submitted; and no attempt was made to explain or justify the delay or to show that it was not unreasonable. In our opinion, upon such a showing there was no basis for the exercise of discretion to deny the motion to dismiss. Nolan, P.J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.

Use AI to get other relevant cases.

Comments

COSTANZO v. SCHWEDLER
(Oct 30, 1961)