Legal Opinion
Giovannucci v. Brooklyn & Richmond Ferry Co.
Appellate Division of the Supreme Court of the State of New York
Decided May 28, 1951PublishedCited by 17 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, defendant appeals from an order which denied its motion to dismiss the complaint for plaintiff's unreasonable neglect to prosecute the action. Order reversed on the law and the facts, with $10 costs and disbursements, and the motion granted, with $10 costs. Plaintiff failed to explain or excuse the delay of more than four years in bringing the cause on for trial and failed to make any showing of merits. Under such circumstances, it was an improvident exercise of discretion to deny the motion to dismiss (Fischer v. Tushnett, 256 App. Div.…
2Cases cited5 opinions
- Fisher Malting Co. v. BrownAppellate Division of the Supreme Court of the State of New York · 1904
- Fischer v. TushnettAppellate Division of the Supreme Court of the State of New York · 1939
- Beer-Meisel Lodge No. 8 Independent Order Brith Abraham v. HerschbeinAppellate Division of the Supreme Court of the State of New York · 1946
- Maraynes v. Orseck Boys, Inc.Appellate Division of the Supreme Court of the State of New York · 1949
- Village of Ardsley v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1949
3Cited by17 opinions
- Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
- Lange v. BagishAppellate Division of the Supreme Court of the State of New York · 1955
- Friedlander v. Roxy Theatre, Inc.New York Supreme Court · 1953
- 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
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