New York Court of Appeals, 1966

Schuman v. Hertz Corp.

New York Court of Appeals · Decided February 24, 1966

17 N.Y.2d 604; 215 N.E.2d 683; 268 N.Y.S.2d 563; 1966 N.Y. LEXIS 1558

Cases that cite this one

11 later published cases cite this decision.

Andrea v. Arnone, Hedin, Casker, Kennedy & Drake, Architects & Landscape Architects, P.C. (N.Y. 2005)
Jones v. Brown (Appellate Division of the Supreme Court of New York 1979)
Cordova v. City of New York (New York Supreme Court 1968)
Freedman v. New York Hospital Medical Center (Appellate Division of the Supreme Court of New York 2004)
Andrea v. Arnone, Hedin, Casker, Kennedy & Drake Architects & Landscape Architects, P.C. (Appellate Division of the Supreme Court of New York 2003)
Jeganathan v. O'Reilly (White Plains City Court 2003)
Kingston v. Brooklyn Hospital Center (Appellate Division of the Supreme Court of New York 2000)
Kelly v. Rosenthal (Appellate Division of the Supreme Court of New York 1991)
Villanova v. King Kullen Supermarkets (Appellate Division of the Supreme Court of New York 1990)
Keel v. Parke, Davis & Co. (N.Y. 1980)
Laffey v. City of New York (Appellate Division of the Supreme Court of New York 1979)

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

Memorandum. The order of the Appellate Division is reversed, without costs, and the matter is remitted to Supreme Court, Bronx County, for further proceedings. The record before us indicates that the dismissal of the original suit was not intended by the Justice presiding to be a dismissal for neglect to prosecute. We call particular attention to the fact that the same Justice who dismissed the original action also denied defendant’s motion to dismiss this complaint on the grounds that the original one had not been dismissed for neglect *606to prosecute. Since this action was timely commenced, it is within the saving provisions of CPLR 205.

Chief Judge Desmond and Judges Fuld, Van Voorhis, Burke, Scileppi, Bergan and Keating concur.

Order reversed, without costs, and matter remitted to the Supreme Court for further proceedings in accordance with the memorandum herein.

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