Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

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

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

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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

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