Legal Opinion

Smith v. City of Troy

Appellate Division of the Supreme Court of the State of New York

Decided July 3, 1980PublishedCited by 6 opinions

1Opinion of the Court

Appeal from an order of the Supreme Court at Special Term, entered November 23, 1979 in Rensselaer County, which denied defendant’s motion, pursuant to CPLR 3216, to dismiss the complaint for failure to prosecute. The underlying action is to recover damages for personal injuries allegedly sustained as the result of a motor vehicle accident which occurred on July 25, 1974. The action was commenced on July 17, 1975 and issue was joined on July 23, 1975. After much delay and several demands, a bill of particulars was served on April 24, 1978. Defendant served upon plaintiff’s attorney two…

2Cases cited4 opinions

  1. Barasch v. MicucciNew York Court of Appeals · 1980
  2. Premo v. CornellAppellate Division of the Supreme Court of the State of New York · 1979
  3. Beermont Corp. v. YagerAppellate Division of the Supreme Court of the State of New York · 1970
  4. Finch v. BeagellAppellate Division of the Supreme Court of the State of New York · 1979

3Cited by6 opinions

  1. Balancio v. American Optical Corp.New York Court of Appeals · 1985
  2. Lyons v. ButlerAppellate Division of the Supreme Court of the State of New York · 1987
  3. Athanasiou v. EspositoAppellate Division of the Supreme Court of the State of New York · 1995
  4. Caton v. RedmondAppellate Division of the Supreme Court of the State of New York · 1981
  5. Rumrill v. EptingAppellate Division of the Supreme Court of the State of New York · 1982

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