Legal Opinion
Ruderman v. Feffer
Appellate Division of the Supreme Court of the State of New York
Decided March 29, 1960PublishedCited by 5 opinions
1Opinion of the Court
Order unanimously reversed, on the law and on the facts, and in the exercise of discretion, and the motion to dismiss for lack of prosecution granted, without costs. Plaintiffs if they be so advised, are given leave to move to vacate the dismissal on a proper affidavit of merits. The consequences of the inordinate delay in the prosecution of this cause must be shared by both parties. After July 1, 1953, the date of death of the plaintiffs’ decedent, this action abated and could be revived and continued only upon the substitution of the decedent’s successors in interest as plaintiffs. Until…
2Cases cited3 opinions
- Cooper v. SchnabolkAppellate Division of the Supreme Court of the State of New York · 1954
- Davis v. Cunard Steam-Ship Co.Appellate Division of the Supreme Court of the State of New York · 1954
- Wilson v. HarterAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by5 opinions
- Hemphill v. RockAppellate Division of the Supreme Court of the State of New York · 1982
- Mansfield Contracting Corp. v. PrassasAppellate Division of the Supreme Court of the State of New York · 1992
- Waldman v. Mechanical Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Orellana v. MalekAppellate Division of the Supreme Court of the State of New York · 1986
- Walfred Corp. v. Alb-Inn Inc.Appellate Division of the Supreme Court of the State of New York · 1991