Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

BESSIE ACKERMAN v. DAVID PERCHIKOFF (06/10/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


June 10, 1968

BESSIE ACKERMAN, AS EXECUTRIX OF ISAAC J. ACKERMAN, DECEASED, APPELLANT,
v.
DAVID PERCHIKOFF, RESPONDENT

Appeal by plaintiff (1) from an order of the Supreme Court, Queens County, dated October 20, 1966, which denied her motion (a) to vacate the automatic dismissal of the action (CPLR 3404) and (b) to restore the action to the Trial Calendar and (2) from so much of an order of said court dated February 3, 1967 and made on reargument, as adhered to the original decision. Appeal from the order dated October 20, 1966 dismissed, without costs. That order was superseded by the order on reargument.

Beldock, P. J., Christ, Brennan, Hopkins and Benjamin, JJ., concur.

In our opinion, the record indicates a meritorious cause of action, no intention to abandon the action on the part of plaintiff and no merit to defendant's claim of prejudice (Marco v. Sachs, 10 N.Y.2d 542; Tactuk v. Freiberg, 24 A.D.2d 503; Boyle v. Krebs & Schulz Motors, 18 A.D.2d 1010; Blau v. Levine, 28 A.D.2d 1137).

Disposition

Order dated February 3, 1967 reversed insofar as appealed from, with $10 costs and disbursements, and original motion granted.

19680610

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.