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HENRY DOWLING v. SAM BIRNBAUM ET AL. (03/03/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


March 3, 1969

HENRY DOWLING, AS ADMINISTRATOR OF THE ESTATE OF VIOLA ABLES, DECEASED, RESPONDENT,
v.
SAM BIRNBAUM ET AL., DEFENDANTS, AND ARTHUR LIPPMAN, APPELLANT

In an action to recover damages for wrongful death and conscious pain and suffering, defendant Lippman appeals from an order of the Supreme Court, Kings County, dated September 13, 1968, which denied his motion to dismiss the complaint for failure to prosecute, pursuant to CPLR 3216.

Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.

We feel the extraordinary combination of misfortunes which affected plaintiff's surviving attorney was responsible for the delay in prosecuting the action; and, absent any substantial prejudice to appellant, the interests of justice warranted the learned Special Term in denying the motion.

Disposition

Order affirmed, with $10 costs and disbursements.

19690303

© 1998 VersusLaw Inc.



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