Legal Opinion
Lange v. Bagish
Appellate Division of the Supreme Court of the State of New York
Decided January 24, 1955PublishedCited by 13 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, defendants appeal from an order which denied their motion to dismiss the complaint for plaintiff’s unreasonable neglect to prosecute the action. Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs. Plaintiff failed to present facts showing any reasonable excuse for her delay of more than three years after joinder of issue in bringing the cause on for trial. The denial of the motion was therefore an improper exercise of discretion (Giovannucci v. Brooklyn & Richmond Ferry Co., 278 App. Div. 861; Smith V.…
2Cases cited3 opinions
- Giovannucci v. Brooklyn & Richmond Ferry Co.Appellate Division of the Supreme Court of the State of New York · 1951
- Smith v. SchillerAppellate Division of the Supreme Court of the State of New York · 1951
- Fassett v. Valley Feed & Supply Co.Appellate Division of the Supreme Court of the State of New York · 1954
3Cited by13 opinions
- Messing v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1955
- Forte v. Staples Construction Co.Appellate Division of the Supreme Court of the State of New York · 1963
- Thompson v. HookAppellate Division of the Supreme Court of the State of New York · 1962
- Brassner Mfg. Co. v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1956
- Edgewood Lumber Co. v. LightmanNew York Supreme Court · 1960
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