From Casetext: Smarter Legal Research

Matousek v. Volkerts, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 25, 1949
275 App. Div. 791 (N.Y. App. Div. 1949)

Opinion

April 25, 1949.


In an action to recover damages for personal injuries, order granting defendant Katherina Volkert's motion to dismiss for lack of prosecution "unless the cause is immediately noticed for the next available term", modified on the law and the facts by striking from the ordering paragraph all the words following the word "granted", and, as so modified, the order is affirmed, with $10 costs and disbursements to appellants. In view of the long delay, in our opinion it was an improvident exercise of discretion to grant the motion conditionally. Nolan, P.J., Carswell, Johnston, Adel and Wenzel, JJ., concur.


Summaries of

Matousek v. Volkerts, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 25, 1949
275 App. Div. 791 (N.Y. App. Div. 1949)
Case details for

Matousek v. Volkerts, Inc.

Case Details

Full title:ELIZABETH MATOUSEK et al., Respondents, v. VOLKERTS, INC., Defendant, and…

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

Date published: Apr 25, 1949

Citations

275 App. Div. 791 (N.Y. App. Div. 1949)