Legal Opinion
Keel v. Parke, Davis & Co.
New York Court of Appeals
Decided May 29, 1980PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
In affirming the order of the Appellate Division for the reasons stated in the memorandum at the Appellate Division, we note in particular its conclusion that, in essence, the dismissal of plaintiffs action following protracted and repeated delays was for neglect to prosecute (see Flans v Federal Ins. Co., 43 NY2d 881). Moreover, in contrast to Schuman v Hertz Corp. (17 NY2d 604), here the Justice presiding at Trial Term did not manifest an expectation that the suit would be able to be brought anew under CPLR 205 (subd [a]).
Chief Judge Cooke and Judges Jasen,…
2Cases cited2 opinions
- Flans v. Federal InsuranceNew York Court of Appeals · 1978
- Schuman v. Hertz Corp.New York Court of Appeals · 1966
3Cited by6 opinions
- Andrea v. Arnone, Hedin, Casker, Kennedy & Drake, Architects & Landscape Architects, P.C.New York Court of Appeals · 2005
- Ivory v. EkstromAppellate Division of the Supreme Court of the State of New York · 1983
- Laffey v. City of New YorkNew York Court of Appeals · 1980
- Kingston v. Brooklyn Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2000
- Murray v. MorelliAppellate Division of the Supreme Court of the State of New York · 1994
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