Conte v. Hill's Supermarkets, Inc.

Full title: ISABELLA CONTE et al., Appellants, v. HILL'S SUPERMARKETS, INC., Respondent

Court: Supreme Court, Appellate Term, Second Department

Date published: Nov 20, 1970

66 Misc. 2d 208 (N.Y. App. Term 1970)

320 N.Y.S.2d 264

Opinion

November 20, 1970

Appeal from the District Court of Nassau County, BENJAMIN ZIPPER, J.

Cooper Abrams Herman ( Hyman Herman of counsel), for appellants.

Bernard Helfenstein for respondent.

Present — HOGAN, P.J., GULOTTA and GLICKMAN, JJ.

Per Curiam.

Insofar as rule 14 of the Nassau County District Court Rules (22 NYCRR 3840.14) permits the dismissal of a case which has not been noticed for trial, without service of the 45-day notice required by CPLR 3216, it is invalid. This is true whether it is done as the result of a motion by the defendant or by the court on its own motion ( Plump v. Harth, 52 Misc.2d 787).

The order should be unanimously reversed, with $10 costs to plaintiffs, dismissal vacated and case restored to the General Calendar.

Per Curiam.

Order reversed, etc.