History
  • No items yet
midpage
Kraljic v. Steinway Transit Corp.
352 N.Y.S.2d 509
N.Y. App. Div.
1974
Check Treatment

In a negligence action to recover damages for personal injuries, defendant Smyth appeals from an order of the Supreme Court, Queens County, dated June 6, 1973, which conditionally denied his motion to dismiss the complaint for lack of prosecution, under CPLR 3216, the condition being that plaintiff place the case on the calendar within a stated time. Order modified by adding thereto a provision that the denial of the motion is on the further condition that plain*983tiff’s attorney personally pay appellant $150 costs. Said $150 costs must be paid within 20 days after entry of the order to be made hereon. As so modified, order affirmed, with $20 costs to appellant. While we do' not consider the circumstances herein sufficient to warrant dismissal of the complaint, there was an inordinate delay attributable to plaintiff’s attorney for which plaintiff should not be penalized, but which warrants imposing costs against counsel. Gulotta, P. J., Hopkins, Latham and Brennan, JJ., concur.

Case Details

Case Name: Kraljic v. Steinway Transit Corp.
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Feb 25, 1974
Citation: 352 N.Y.S.2d 509
Court Abbreviation: N.Y. App. Div.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.