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Appellate Terms of the Supreme Court of New York, 1970

Conte v. Hill's Supermarkets, Inc.

Conte v. Hill's Supermarkets, Inc.
Appellate Terms of the Supreme Court of New York · Decided November 20, 1970
66 Misc. 2d 208; 320 N.Y.S.2d 264; 1970 N.Y. Misc. LEXIS 1142

Counsel

Cooper Abrams & Herman (Hyman Herman of counsel), for appellants. Bernard Helfenstein for respondent.

Conte v. Hill's Supermarkets, Inc.

Opinion of the Court

Per Curiam.

Insofar as rule 14 of the Nassau County District Court Rules (22 NYCRR 3840.14) permits the dismissal of a case which has not been noticed for trial, without service of the 45-day notice required by CPLR 3216, it is invalid. This is true whether it is done as the result of a motion by the defendant or by the court on its own motion (Plump v. Harth, 52 Misc 2d 787).

The 'order should be unanimously reversed, with $10 costs to plaintiffs, dismissal vacated and case restored to the General Calendar.

Present — Hogan, P. J., Gulotta and Guckman, JJ.

Order reversed, etc.

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