From Casetext: Smarter Legal Research

Scott v. Rosenwitz

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1960
12 A.D.2d 529 (N.Y. App. Div. 1960)

Opinion

November 28, 1960


In an action to recover damages for injuries to person and property, the plaintiffs appeal from an order of the Supreme Court, Kings County, entered May 29, 1959, denying their motion to open their default and to vacate the dismissal of their complaint. The complaint had been dismissed pursuant to rule 302 of the Rules of Civil Practice. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P.J., Beldock, Kleinfeld and Pette, JJ., concur; Brennan, J., not voting.


Summaries of

Scott v. Rosenwitz

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1960
12 A.D.2d 529 (N.Y. App. Div. 1960)
Case details for

Scott v. Rosenwitz

Case Details

Full title:DETA SCOTT et al., Appellants, v. ALEX ROSENWITZ, Respondent

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

Date published: Nov 28, 1960

Citations

12 A.D.2d 529 (N.Y. App. Div. 1960)

Citing Cases

Carter v. Carter

A dismissal for failure to prosecute is not upon the merits. ( Mintzer v. Loeb, Rhoades Co., 10 A.D.2d 27,…

Bermann v. Esposito

The act of negligence pleaded is stated to have occurred on July 6, 1959. The instant action is not therefore…