Parshall v. Grand Leasing Corp.
| Decision Date | 05 November 1962 |
| Citation | 17 A.D.2d 953,233 N.Y.S.2d 777 |
| Parties | Agnes PARSHALL, as administratrix, etc., of Anna Ward, deceased, Respondent, v. GRAND LEASING CORP. and Forest Hills Park Development Corp., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Tropp & Steinbock, New York City, for appellant; I. Sidney Worthman, New York City, of counsel.
Armand J. Rosenberg, New York City, for respondent.
Before BELDOCK, P. J., and UGHETTA, KLEINFELD, HILL and RABIN, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for wrongful death and for the recovery of security money on a lease, defendants appeal from an order of the Supreme Court, Queens County, dated April 12, 1962, which granted plaintiff's motion to vacate a prior order of said court dated February 19, 1962, dismissing the complaint for lack of prosecution. Said prior order provided that the 'dismissal is without prejudice to a prompt motion to vacate' the order. Order of April 12, 1962, affirmed, with ten dollars costs and disbursements.
The failure to prosecute the action has been explained; and, on the motion to vacate, a showing of a meritorious cause of action was made. No particular prejudice is shown to have resulted to the defendants by reason of the delay in...
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Sortino v. Fisher
...cited herein in which the court did not comment on the obvious fact that the statute had run; contra, Parshall v. Grand Leasing Corp., 17 A.D.2d 953, 233 N.Y.S.2d 777 [2nd Dept.]). Indeed, the statute is a legislative expression of policy fixing the time within which claims have become too ......
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...action is not restored to the calendar, the Statute of Limitations will deprive plaintiff of her day in court (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 e......
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