Topp v. Casco Products Corp.
| Court | New York Supreme Court — Appellate Division |
| Citation | Topp v. Casco Products Corp., 187 N.Y.S.2d 66, 8 A.D.2d 727 (N.Y. App. Div. 1959) |
| Decision Date | 04 May 1959 |
| Parties | Harry TOPP, Respondent, v. CASCO PRODUCTS CORP., Appellant. |
Rudser & Fitzmaurice, New York City, for appellant, William F. McNulty, New York City, of counsel.
August Zolotorofe and Aaron Nussbaum, Brooklyn, for respondent, A. Zolotorofe, Brooklyn, of counsel.
Before NOLAN, P. J., and WENZEL, BELDOCK, MURPHY and UGHETTA, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for personal injuries, the appeal is from an order which denied appellant's motion to dismiss the complaint for respondent's unreasonable neglect to prosecute the action.
Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs.
Respondent failed to present facts showing any reasonable excuse for his delay of more than three years after joinder of issue in bringing the cause on for trial, or to make an adequate, if any, showing of merits. The motion therefore should have been granted in the exercise of discretion even though respondent filed and...
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Carvel-Dari Freeze Stores, Inc. v. Lukon
...Manufacturing Co., Inc. v. Consolidated Edison Company of New York, Inc., 1 A.D.2d 840, 148 N.Y .S.2d 782; Topp v. Casco Products Corp., 8 A.D.2d 727, 187 N.Y.S.2d 66. While there has been a long delay in concluding the preliminary proceedings and in filing a note of issue in this action, t......
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Thompson v. Hook
...Bluvshtein, 18 A.D.2d 671, 236 N.Y.S.2d 1 [2d Dept.]; Siegel v. City of New York, 16 A.D.2d 679, 227 N.Y.S.2d 234; Topp v. Casco Products Corp., 8 A.D.2d 727, 187 N.Y.S.2d 66; O'Rourke v. City of New York, 3 A.D.2d 713, 159 N.Y.S.2d 366; Lange v. Bagish et al., 285 App.Div. 833, 137 N.Y.S.2......
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...in failing to grant the motion to dismiss unconditionally (Costanzo v. Schwedler, 14 A.D.2d 814, 221 N.Y.S.2d 1; Topp v. Casco Products Corp., 8 A.D.2d 727, 187 N.Y.S.2d 66, appeal dism d. 7 N.Y.2d 742, 193 N.Y.S.2d 648, 162 N.E.2d 735; Lange v. Bagish, 285 App.Div. 833, 137 N.Y.S.2d 13). T......
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...of five years, was insufficient to warrant the relief sought (Siegel et al. v. City of New York, 16 A.D.2d 679; Topp v. Casco Products Corp., 8 A.D.2d 727, 187 N.Y.S.2d 66; O'Rourke v. City of New York, 3 A.D.2d 713, 159 N.Y.S.2d The contention that rule II(e) of the Queens County Supreme C......
