Spira v. D. Harris 187th St. Market Inc.

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before BREITEL; PER CURIAM
• Citation: Spira v. D. Harris 187th St. Market Inc., 239 N.Y.S.2d 500, 18 A.D.2d 1063 (N.Y. App. Div. 1963)
• Decision Date: 18 April 1963
• Parties: Bertha SPIRA, Plaintiff-Respondent, v. D. HARRIS 187TH ST. MARKET INC., Defendant-Appellant.

Page 500

239 N.Y.S.2d 500

18 A.D.2d 1063

Bertha SPIRA, Plaintiff-Respondent, v. D. HARRIS 187TH ST. MARKET INC., Defendant-Appellant.

Supreme Court, Appellate Division, First Department.

April 18, 1963.

L. I. Wolf, New York City, for defendant-appellant.

Levine & Weinberg, New York City, for plaintiff-respondent.

Before BREITEL, J. P., and McNALLY, STEVENS, EAGER and STEUER, JJ.

PER CURIAM.

Order, entered on December 24, 1962, unanimously reversed on the law and on the facts, with $20 costs and disbursements to appellant, and the complaint dismissed with leave to the plaintiff to move to vacate the dismissal within 30 days of the entry of the order hereon, on proper papers, including an affidavit of merits, and upon the further condition that plaintiff consent to the transfer of the action to the Civil Court. In this personal injuries action, a motion to dismiss for failure to prosecute was made 18 months after issue was joined. Plaintiff's present attorney admits that no affirmative action had been taken to place the cause on the calendar. The excuse is offered that the plaintiff's original attorney was disbarred shortly after issue was joined, and that there was a period of six months in which the plaintiff was not represented, until present ...