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Sanders v. Silverstein

Appellate Division of the Supreme Court of New York, Second Department
Jan 14, 1980
73 A.D.2d 931 (N.Y. App. Div. 1980)

Opinion

January 14, 1980


In a negligence action to recover damages for personal injuries, etc., defendant Jackson Gardens appeals from an order of the Supreme Court, Kings County, dated September 4, 1979, which, inter alia, (1) denied its motion to dismiss the action, (2) granted plaintiffs' cross motion to relieve them from their default in serving the complaint and (3) directed appellant to accept service of the complaint. Defendant Jackson Gardens also appeals from a further order of the same court, dated May 14, 1979, which was made upon its motion to reargue the decision of the court upon which the September 4, 1979 order was based. Appeal from the order dated May 14, 1979 dismissed, without costs or disbursements. No appeal lies from an order made on a motion to reargue a decision. Order dated September 4, 1979 reversed, on the law, without costs or disbursements, motion to dismiss granted, cross motion denied, and, as to defendant Jackson Gardens, the action is severed and dismissed. Plaintiffs' counsel has been inexcusably lax in prosecuting this action and no valid reason is given for the delay in serving the complaint. Hopkins, J.P., Mangano, Rabin and Gulotta, JJ., concur.


Summaries of

Sanders v. Silverstein

Appellate Division of the Supreme Court of New York, Second Department
Jan 14, 1980
73 A.D.2d 931 (N.Y. App. Div. 1980)
Case details for

Sanders v. Silverstein

Case Details

Full title:FAY SANDERS et al., Respondents, v. HARRY D. SILVERSTEIN et al.…

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

Date published: Jan 14, 1980

Citations

73 A.D.2d 931 (N.Y. App. Div. 1980)