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Mayo v. New Sands Operating Corp.

Appellate Division of the Supreme Court of New York, First Department
Apr 4, 1968
29 A.D.2d 926 (N.Y. App. Div. 1968)

Opinion

April 4, 1968


Order, entered September 28, 1967, granting reargument and upon reargument adhering to original decision granting defendant-respondent's motion to dismiss the complaint for lack of prosecution and denying plaintiff-appellant's cross motion to transfer the action to the Civil Court, reversed, on the law, the facts and in the exercise of discretion, and the motion to dismiss is denied, without costs or disbursements. Plaintiff-appellant's cross motion to transfer the cause to the Civil Court is granted, conditioned on the payment of a full bill of costs to defendant-respondent. Since the order was dated September 28, 1967, subsequent to the effective date of CPLR 3216, the legislative policy therein expressed, in our opinion, does not warrant dismissal.


We dissent. Under the circumstances here, we do not agree that this court should be moved on "the facts and in the exercise of discretion" to reverse the order of Special Term. We would affirm as a matter of law. (See Guhl v. Martin 29 A.D.2d 858.)


Summaries of

Mayo v. New Sands Operating Corp.

Appellate Division of the Supreme Court of New York, First Department
Apr 4, 1968
29 A.D.2d 926 (N.Y. App. Div. 1968)
Case details for

Mayo v. New Sands Operating Corp.

Case Details

Full title:CHARLES MAYO, Appellant, v. NEW SANDS OPERATING CORP., Doing Business as…

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

Date published: Apr 4, 1968

Citations

29 A.D.2d 926 (N.Y. App. Div. 1968)