Wallgren v. Sucato

• Court: New York Supreme Court — Appellate Division
• Citation: Wallgren v. Sucato, 205 N.Y.S.2d 210, 11 A.D.2d 801 (N.Y. App. Div. 1960)
• Decision Date: 11 July 1960
• Parties: John L. WALLGREN, Appellant, v. Samuel SUCATO, Respondent.

Page 210

205 N.Y.S.2d 210

11 A.D.2d 801

John L. WALLGREN, Appellant, v. Samuel SUCATO, Respondent.

Supreme Court, Appellate Division, Second Department.

July 11, 1960.

Lawrence B. Morris, Hyde Park, for appellant.

Rosen & Rosen, Poughkeepsie, for respondent.

Before NOLAN, P. J., and BELDOCK, UGHETTA, CHRIST and PETTE, JJ.

MEMORANDUM BY THE COURT.

In an action to recover damages for assault, the plaintiff appeals from an order of the Supreme Court, Dutchess County, dated December 15, 1959, granting defendant's motion to dismiss the complaint for failure diligently to prosecute the action, pursuant to rule 156 of the Rules of Civil Practice.

Order reversed, without costs, and motion denied.

It appears from the record that, prior to the service of the amended complaint in 1957, much of the delay was due to the fact that it takes from 2 to 3 years to properly determine the extent of the results or the success of the brain surgery performed upon plaintiff by reason of the injuries attributable to the assault. Plaintiff filed a note of issue and statement of readiness in 1958, and thereafter, in the Fall of 1959, there was...