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Hawthorne v. Royal Land Development Corp.

Appellate Division of the Supreme Court of New York, First Department
Feb 21, 1967
27 A.D.2d 725 (N.Y. App. Div. 1967)

Opinion

February 21, 1967


Order entered October 6, 1966, herein appealed from, unanimously reversed, on the law and in the exercise of discretion, with $30 costs and disbursements to appellant, and the motion to dismiss granted, with $10 costs. The accident allegedly happened June 5, 1963. Action was commenced April 24, 1964, and issue joined June 1, 1964. Since that time no further steps have been taken. Plaintiff defaulted with respect to a physical examination, failed to oppose the motion to dismiss, and does not now offer any excuse for the general delay. Accordingly the motion is granted (CPLR 3216; Commercial Credit Corp. v. Lafayette, 17 N.Y.2d 367).

Concur — Stevens, J.P., Capozzoli, Tilzer, Rabin and Bastow, JJ.


Summaries of

Hawthorne v. Royal Land Development Corp.

Appellate Division of the Supreme Court of New York, First Department
Feb 21, 1967
27 A.D.2d 725 (N.Y. App. Div. 1967)
Case details for

Hawthorne v. Royal Land Development Corp.

Case Details

Full title:CHARLIE HAWTHORNE, Respondent, v. ROYAL LAND DEVELOPMENT CORP., Appellant

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

Date published: Feb 21, 1967

Citations

27 A.D.2d 725 (N.Y. App. Div. 1967)