From Casetext: Smarter Legal Research

Mittelman v. Goldhaber

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1976
51 A.D.2d 581 (N.Y. App. Div. 1976)

Opinion

January 26, 1976


In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from two orders of the Supreme Court, Kings County, dated July 31, 1975 and September 24, 1975, respectively, each of which denied their single motion to vacate the dismissal of their complaint and to restore the action to the calendar for trial. Orders reversed, in the interests of justice, without costs or disbursements, and motion granted. Under the circumstances of this case, the denial of the motion to vacate the dismissal of the complaint was an improvident exercise of discretion. Hopkins, Acting P.J., Latham, Cohalan, Christ and Shapiro, JJ., concur.


Summaries of

Mittelman v. Goldhaber

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1976
51 A.D.2d 581 (N.Y. App. Div. 1976)
Case details for

Mittelman v. Goldhaber

Case Details

Full title:RUTH MITTELMAN et al., Appellants, v. HAROLD GOLDHABER, Doing Business as…

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

Date published: Jan 26, 1976

Citations

51 A.D.2d 581 (N.Y. App. Div. 1976)