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Harrison v. Lagerwall

Appellate Division of the Supreme Court of New York, Second Department
May 22, 1972
39 A.D.2d 759 (N.Y. App. Div. 1972)

Opinion

May 22, 1972


In a negligence action to recover damages for personal and property injuries, plaintiffs appeal from an order of the Supreme Court, Putnam County, dated March 13, 1970, which granted defendant's motion to dismiss the complaint, pursuant to CPLR 3216, on the ground that plaintiffs had unreasonably neglected to proceed in the action. Order reversed, without costs, and motion denied. The note of issue was filed before the motion was made. Defendant was in the Armed Services and was not prejudiced by the result. In our opinion, Special Term erred in granting the motion to dismiss the complaint (CPLR 3216; Giancone v. City of New York, 29 A.D.2d 756). Martuscello, Latham and Shapiro, JJ., concur; Hopkins, Acting P.J., and Munder, J., dissent and vote to affirm.


Summaries of

Harrison v. Lagerwall

Appellate Division of the Supreme Court of New York, Second Department
May 22, 1972
39 A.D.2d 759 (N.Y. App. Div. 1972)
Case details for

Harrison v. Lagerwall

Case Details

Full title:WILLIAM HARRISON et al., Appellants, v. HARRY R. LAGERWALL, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 22, 1972

Citations

39 A.D.2d 759 (N.Y. App. Div. 1972)

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