Wallgren v. Sucato

Decision Date11 July 1960
Citation11 A.D.2d 801,205 N.Y.S.2d 210
PartiesJohn L. WALLGREN, Appellant, v. Samuel SUCATO, Respondent.
CourtNew York Supreme Court — Appellate Division

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...

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3 cases
  • Mancini v. Metz
    • United States
    • New York Supreme Court — Appellate Term
    • December 6, 1961
    ...defendant has been prejudiced by the delay, I am of the opinion that the dismissal of the complaint is unwarranted (Wallgren v. Sucato, 11 A.D.2d 801, 205 N.Y.S.2d 210; Ostan v. 40 Realty, Inc., 11 A.D.2d 710, 204 N.Y.S.2: 582; Keller v. National Auto Renting Co., Inc., 10 A.D.2d 578, 196 N......
  • Carvel-Dari Freeze Stores, Inc. v. Lukon
    • United States
    • New York Supreme Court
    • August 21, 1961
    ...v. Feffer, 10 A.D.2d 704, 198 N.Y.S.2d 130; Barnes v. Utility Lines, Inc., 12 A.D.2d 524, 207 N.Y.S.2d 735; also cf. Wallgren v. Sucato, 11 A.D.2d 801, 205 N.Y.S.2d 210; and Firth Carpet Co. v. Matuka Realty Development Corporation, 276 App.Div. 784, 92 N.Y.S.2d On the motions to cancel of ......
  • Wallgren v. Sucato
    • United States
    • New York Supreme Court — Appellate Division
    • May 31, 1961

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