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Klein v. Weingarten Co.

Appellate Division of the Supreme Court of New York, Second Department
Sep 20, 1976
54 A.D.2d 558 (N.Y. App. Div. 1976)

Opinion

September 20, 1976


In an action inter alia to recover damages for fraud, plaintiff appeals from three orders of the Supreme Court, Kings County, as follows: (1) as limited by his brief, so much of an order dated May 13, 1974, as dismissed the complaint against defendants Weingarten Co. and Mabon, Nugent Co.; (2) an order dated November 10, 1975, which struck the action as against defendant Sonn from the calendar; and (3) an order dated March 3, 1976, which dismissed the action as against defendants Lass and Sonn for failure to prosecute. Order dated May 13, 1974 affirmed insofar as appealed from, and orders dated November 10, 1975 and March 3, 1976 affirmed, with one bill of $50 costs and disbursements jointly to respondents. Upon the facts presented herein, Special Term properly dismissed the action (1) as against defendants Weingarten Co. and Mabon, Nugent Co., based upon the prior State action and (2) as against the remaining defendants, for failure to prosecute. Gulotta, P.J., Hopkins, Latham, Cohalan and Hawkins, JJ., concur.


Summaries of

Klein v. Weingarten Co.

Appellate Division of the Supreme Court of New York, Second Department
Sep 20, 1976
54 A.D.2d 558 (N.Y. App. Div. 1976)
Case details for

Klein v. Weingarten Co.

Case Details

Full title:ERNEST KLEIN, Appellant, v. WEINGARTEN CO. et al., Respondents. ERNEST…

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

Date published: Sep 20, 1976

Citations

54 A.D.2d 558 (N.Y. App. Div. 1976)