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Mayerowitz v. Beth Jacob Teachers Seminary of America

67 N.Y.2d 804 Court N.Y. Decision date 1986-03-20 English

Contents

Majority

p. 804
Etty Mayerowitz, an Infant, by her Father and Natural Guardian, Abraham Mayerowitz, et al., Appellants, v Beth Jacob Teachers Seminary of America, Defendant, and Carol Studios, Inc., et al., Respondents.
Decided March 20, 1986
p. 805
APPEARANCES OF COUNSEL
David Jaroslawicz for appellants.
Marshall D. Sweetbaum for Carol Studios, Inc., respondent.
Simon P. Richards for 158 Broadway Realty, respondent.

OPINION OF THE COURT

Motion for reargument granted, this court’s decision [unpublished] and judgment dated November 26, 1985 vacated and, upon reargument, on review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs. Dismissal of the action was not an abuse of discretion in light of the fact that when dismissed it had been pending for more than 11 years.

Concur: Chief Judge Wachtler and Judges Meyer, Simons,

p. 806
Kaye, Alexander and Titone. Taking no part: Judge Hancock, Jr.