Legal Opinion
Flans v. Federal Insurance
New York Court of Appeals
Decided February 9, 1978PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Order reversed, without costs, and motion to dismiss the complaint granted. Plaintiffs, having moved to Israel, failed to appear for an examination before trial and on the date set for trial. Under those circumstances, coupled with the protracted and repeated delays by plaintiffs, dismissal of the original, timely action was inferentially for "neglect to prosecute” within the meaning of CPLR 205 (subd [a]) (see Wright v Defelice & Son, 22 AD2d 962, affd 17 NY2d 586; Jelinek v City of New York, 25 AD2d 425; McLaughlin, Practice Commentaries, McKinney’s Cons Laws…
2Cases cited3 opinions
- Jelinek v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1966
- Wright v. L. C. Defelice & Son, Inc.New York Court of Appeals · 1966
- Wright v. L. C. Defelice & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1964
3Cited by12 opinions
- Andrea v. Arnone, Hedin, Casker, Kennedy & Drake, Architects & Landscape Architects, P.C.New York Court of Appeals · 2005
- Doyle v. American Home Products Corp.Court of Appeals for the Second Circuit · 2009
- Ivory v. EkstromAppellate Division of the Supreme Court of the State of New York · 1983
- Keel v. Parke, Davis & Co.New York Court of Appeals · 1980
- Alaimo v. Velco EnterprisesAppellate Division of the Supreme Court of the State of New York · 1996
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