Legal Opinion
Manfreda v. Kendall Agency, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 15, 1977PublishedCited by 4 opinions
1Opinion of the Court
Order unanimously reversed, without costs, motion granted and action dismissed. Memorandum: Under the circumstances demonstrated in the record we find that Special Term’s denial of defendant’s motion to dismiss plaintiff’s cause of action pursuant to CPLR 3012 (subd [b]) was an abuse of its discretion. While plaintiff asserts that settlement negotiations were carried on with defendant’s original counsel following the notice of appearance and demand for a complaint on August 30, 1973, no showing is made as to the extent of such negotiations or as to how long they continued. In any event, no…
2Cases cited6 opinions
- Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
- Rabetoy v. AtkinsonAppellate Division of the Supreme Court of the State of New York · 1975
- Rabetoy v. AtkinsonNew York Court of Appeals · 1975
- Hamilton v. DudleyAppellate Division of the Supreme Court of the State of New York · 1967
- Solomon v. PerkinsNew York Court of Appeals · 1976
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3Cited by4 opinions
- Whitney v. StewartAppellate Division of the Supreme Court of the State of New York · 1991
- Alvarado v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1993
- Simmons v. SimmonsCivil Court of the City of New York · 2003
- Carucci v. HannaAppellate Division of the Supreme Court of the State of New York · 1979