Appellate Division of the Supreme Court of New York, 1957

Groskritz v. Ira S. Bushey & Sons, Inc.

Groskritz v. Ira S. Bushey & Sons, Inc.
Appellate Division of the Supreme Court of New York · Decided July 15, 1957
4 A.D.2d 782; 165 N.Y.S.2d 720; 1957 N.Y. App. Div. LEXIS 4743
Groskritz v. Ira S. Bushey & Sons, Inc.

Opinion of the Court

In an action to recover damages for wrongful death and for conscious pain and suffering, the appeal is from an order denying a motion to dismiss the complaint for lack of prosecution on condition that respondent file a note of issue for the next available term. Respondent complied with that condition. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Hallinan and Kleinfeld, JJ., concur; Wenzel and Ughetta, JJ., dissent and vote to reverse the order and to grant the motion, with the following memorandum : In our opinion respondent unreasonably delayed in prosecuting this action. The excuse offered is inadequate and untenable.

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