Heist v. Cameron
Cases that cite this one
8 later published cases cite this decision.
- Fischbach & Moore, Inc. v. Skyline Construction Management, Inc. (Appellate Division of the Supreme Court of New York 2002)
- Cantos v. Castle Abatement Corp. (Appellate Division of the Supreme Court of New York 1998)
- Duane Reade, Inc. v. Doe (Appellate Division of the Supreme Court of New York 2006)
- Duane Reade, Inc. v. Doe (Appellate Division of the Supreme Court of New York 2005)
- Fainberg v. Dalton Kent Securities Group, Inc. (Appellate Division of the Supreme Court of New York 2000)
- Richard's Home Center & Lumber, Inc. v. Kownacki (Appellate Division of the Supreme Court of New York 1998)
- Rodrigues v. City of New York (Appellate Division of the Supreme Court of New York 1995)
- People v. Boomer (Appellate Division of the Supreme Court of New York 1995)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Order, Supreme Court, New York County (Ira Gammerman, J.), entered October 20, 1993, dismissing the complaint for failure to prosecute, unanimously reversed, on the law and the facts and in the exercise of discretion, without costs or disbursements, the complaint reinstated and the matter remanded for further proceedings before another Justice.
The IAS Court, sua sponte, dismissed this action for failure
The inherent power of courts to control their own calendars and the disposition of business is not the issue here. As we view this record, the IAS Court abused its discretion in dismissing, sua sponte, this actively prosecuted action in the face of a legitimate request for an adjournment and summarily refusing to consider the merits of a properly noticed motion. (See, Rios v New York City Tr. Auth., 35 AD2d 804; Buckley v St. Bernard’s School, 28 AD2d 701.) In that regard, we note that the conditioning of the making of motions on prior judicial approval is violative of a party’s statutory rights (Matter of Hochberg v Davis, 171 AD2d 192).
It is clear that counsel’s unwillingness to proceed was not willful. Moreover, plaintiff appears to have a meritorious cause of action. The public policy of this State prefers that cases be decided on the merits. Concur—Murphy, P. J., Sullivan, Rosenberger and Asch, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.