Lakowitz v. Marlin Gardens, Inc.
| Decision Date | 21 May 1959 |
| Citation | 188 N.Y.S.2d 206,6 N.Y.2d 818 |
| Parties | , 159 N.E.2d 693 Anna LAKOWITZ et al., Appellants, v. MARLIN GARDENS, INC., Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 7 A.D.2d 970, 183 N.Y.S.2d 994.
The defendant appealed from an adverse order.
The Appellate Division reversed the order with $20 costs and disbursements to the defendant and denied motion to vacate the order of dismissal for failure to prosecute, with $10 costs, on ground that there was no showing of a cause of action in the affidavit of merits. Botein, P. J., and Rabin, J., dissented and voted to affirm.
The plaintiffs appealed to the Court of Appeals, and motion was made in the Court of Appeals to dismiss the appeal.
Motion to dismiss appeal granted and appeal dismissed, with costs and ten dollars costs of motion, upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
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...preference as a control is discussed; see, Lakowitz v. Marlin Gardens, Inc., 5 A.D.2d 981, 172 N.Y.S.2d 944, app. dism. 6 N.Y.2d 818, 188 N.Y.S.2d 206, 159 N.E.2d 693, repeating the warning that the neglect rules would be strictly enforced). At the same time defendants are entitled to be fr......
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