Hyperlawhypertext legal database Conte v. Hill's Supermarkets, Inc. 66 Misc. 2d 208

← Cases

Conte v. Hill's Supermarkets, Inc.

66 Misc. 2d 208 Court Supreme Court, Appellate Term, Second Department, Decision date 1970-11-20 English

Contents

Majority

p. 208
Isabella Conte et al., Appellants, v. Hill’s Supermarkets, Inc., Respondent.
Supreme Court, Appellate Term, Second Department,
November 20, 1970.
Cooper Abrams & Herman (Hyman Herman of counsel), for appellants. Bernard Helfenstein for respondent.

Insofar as rule 14 of the Nassau County District Court Rules (22 NYCRR 3840.14) permits the dismissal of a case which has not been noticed for trial, without service of the 45-day notice required by CPLR 3216, it is invalid. This is true whether it is done as the result of a motion by the defendant or by the court on its own motion (Plump v. Harth, 52 Misc 2d 787 ).

The 'order should be unanimously reversed, with $10 costs to plaintiffs, dismissal vacated and case restored to the General Calendar.

Present — Hogan, P. J., Gulotta and Guckman, JJ.

Order reversed, etc.

Cases cited