Appellate Division of the Supreme Court of New York, 1963

Klein v. City of New York

Klein v. City of New York
Appellate Division of the Supreme Court of New York · Decided April 18, 1963
18 A.D.2d 1063; 239 N.Y.S.2d 458; 1963 N.Y. App. Div. LEXIS 3921
Klein v. City of New York

Opinion of the Court

Order, entered on October 13, 1961, denying motion to dismiss for lack of prosecution, unanimously reversed, on the law and the facts and as a matter of discretion, with $20 costs and disbursements to appellants, and the motions granted, with $10 costs. The action was at issue for 27 months and no steps were taken to place it on the calendar. Plaintiffs attempt to excuse this inordinate delay by a claim that they were awaiting a decision in the Court of Appeals. The decision referred to was in an unrelated case. Such a contention, even though credited, provides no excuse. Concur — Breitel, J. P., McNally, Stevens, Eager and Steuer, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.