Legal Opinion
Johnson v. Parrow
New York Supreme Court
Decided June 17, 1968PublishedCited by 3 opinions
1Opinion of the CourtMarshall E. Livingston, J.
This is a motion by the third-party defendant (TRW) to dismiss the above action for general delay, claiming plaintiff (Johnson) and defendant and third-party plaintiff (Parrow) unreasonably neglected to proceed.
Parrow thereafter brought on a similar motion directed at Johnson for the same relief.
Since September 1, 1967, CPLR 3216 (subd. [b]) has specifically provided that before an action may be dismissed for want of prosecution, issue must have been joined and one year have elapsed since the joinder. In addition, a demand must have been served on the dilatory party giving a 45-day notice to…
2Cases cited1 opinion
- Commercial Credit Corp. v. Lafayette Lincoln-Mercury, Inc.New York Court of Appeals · 1966
3Cited by3 opinions
- Cohn v. Borchard AffiliationsNew York Court of Appeals · 1969
- Kull v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1968
- Meyer v. Teresi, New York County Courts1969