Sortino v. Fisher
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Breitel, J. P.
Defendant in a personal injury negligence action appeals from an order denying his motion to dismiss the complaint for failure to prosecute. The motion was made under the then section 181 of the Civil Practice Act (now CPLR 3216).
The accident occurred September 7,1959, although both briefs refer to it as having occurred in 1957. The action was begun November 11, 1960, and issue was joined December 13, 1960. The last activity in the case prior to the present motion was when, on March 9,1962, the examinations before trial were completed. Defendant moved to dismiss for neglect on…
2Cases cited9 opinions
- Giovannucci v. Brooklyn & Richmond Ferry Co.Appellate Division of the Supreme Court of the State of New York · 1951
- Mladinich v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1906
- Fisher Malting Co. v. BrownAppellate Division of the Supreme Court of the State of New York · 1904
- Richardson v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1952
- Carbonel v. OcasioNew York Supreme Court · 1963
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3Cited by157 opinions
- People v. TaranovichNew York Court of Appeals · 1975
- Barasch v. MicucciNew York Court of Appeals · 1980
- Baczkowski v. D.A. Collins Construction Co.New York Court of Appeals · 1997
- Salch v. ParatoreNew York Court of Appeals · 1983
- Chase v. ScavuzzoNew York Court of Appeals · 1995
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