Ferrentino v. Farragut Gardens No. 5, Inc.

• Decision Date: 21 January 1971
• Citation: 268 N.E.2d 328,319 N.Y.S.2d 616,28 N.Y.2d 579
• Parties: , 268 N.E.2d 328 Florence FERRENTINO and Julius Ferrentino, Appellants, v. FARRAGUT GARDENS NO. 5, INC., Respondent, and Faymor Development Co., Inc., Defendant.
• Court: New York Court of Appeals Court of Appeals

Page 616

319 N.Y.S.2d 616

28 N.Y.2d 579, 268 N.E.2d 328

Florence FERRENTINO and Julius Ferrentino, Appellants, v.FARRAGUT GARDENS NO. 5, INC., Respondent, and Faymor Development Co., Inc., Defendant.

Court of Appeals of New York.

Jan. 21, 1971.

Appeal from Supreme Court, Appellate Division, Second Department, 35 A.D.2d 815, 316 N.Y.S.2d 673.

A negligence action was brought and the Supreme Court, Kings County, granted motion of plaintiff to compeldefendant to accept late service of complaint and denied the defendant's cross motion to dismiss and sever action as to it and the defendant appealed.

The Appellate Division reversed, denied plaintiff's motion and granted defendant's cross motion and an appeal was taken.

Motion to dismiss the appeal herein granted and the appeal dismissed, with costs and ten dollars costs of motion, upon the ground that the...