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

MARIE E. MIRANDA, as Administratrix of the Estate of CARMEN R. PELLOTT and Another, Deceased, Respondent, v. CITY OF NEW YORK et al., Appellants.

Order entered on September 8, 1960, denying a motion to dismiss for lack of prosecution, unanimously reversed on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to appellants and the motion granted, with $10 costs. The reasons offered by the plaintiff are insufficient to excuse the 21-month delay (see Harrington v. Kaufman, 5 A.D.2d 195; Maizonet v. Lee Props., 11 A.D.2d 667). Nor does the belated diligence of the plaintiff in furnishing a bill of particulars and filing a note of issue excuse the prior neglect ( Nigro v. City of New York, 3 A.D.2d 987).

Concur — Botein, P.J., Rabin, McNally and Stevens, JJ.

Use AI to get other relevant cases.

Comments

MIRANDA v. CITY OF NEW YORK
(May 2, 1961)