Carbonel v. Ocasio
| Decision Date | 23 September 1963 |
| Citation | 243 N.Y.S.2d 421,19 A.D.2d 799 |
| Parties | Eva CARBONEL, Respondent, v. Angel OCASIO, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Wm. P. Kennedy, New York City, for appellant; Frederic B. Potack, New York City, of counsel.
Kooper & Kooper, Brooklyn, for respondent; Sibyl Hart Cooper, of counsel.
In an action to recover damages for personal injury, defendant appeals from an order of the Supreme Court, Kings County, dated March 8, 1963, which denied his motion (Civil Practice Act, § 181; Rules of Civil Practice, rule 156; cf. CPLR rule 3216) to dismiss the complaint for lack of prosecution and directed that plaintiff proceed 'without any further delay.' Order affirmed, without costs. No opinion.
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6 cases
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Sortino v. Fisher
...Inc., 3 A.D.2d 857, 161 N.Y.S.2d 735 [2nd Dept.]; contra, Carbonel v. Ocasio, 41 Mosc.2d 33, 245 N.Y.S.2d 670, aff'd 19 A.D.2d 799, 243 N.Y.S.2d 421 [2nd Dept.]). There may, of course, be exceptions. 7. Plaintiff's Belated Activity Lastly, it is no excuse for plaintiff to become active on t......
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Burger v. Barnett
...(Parshall v. Grand Leasing Corp., 17 A.D.2d 953, 233 N.Y.S.2d 777; Carbonel v. Ocasio, 41 Misc.2d 33, 245 N.Y.S.2d 670, affd. 19 A.D.2d 799, 243 N.Y.S.2d 421). The courts will not exact this ultimate penalty from a plaintiff or her attorneys where, as in the instant case, there is a suffici......
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Kasiuba v. New York Times Co.
...32, 245 N.Y.S.2d 186, 195). See also, the decisions of this court in Carbonel v. Ocasio, 41 Misc.2d 33, 245 N.Y.S.2d 670, affd. 19 A.D.2d 799, 243 N.Y.S.2d 421 and Fulrock Realty Corp. v. N.Y.C.T.A., N.Y.L.J., Sept. 6, 1963, Sup.Ct., Kings Co. Spec. Term, Part I, p. 12, col. 7, wherein the ......
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Taylor v. Edwards
...Parshall v. Grand Leasing Corp., 17 A.D.2d 953, 233 N.Y.S.2d 777; Carbonel v. Ocasio, 41 Misc.2d 33, 245 N.Y.S.2d 670, aff'd 19 A.D.2d 799, 243 N.Y.S.2d 421). Issue was joined 25 months ago. However, much time was consumed in settlement negotiations which were not concluded because of some ......
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