COMMERCIAL CREDIT CORP. v. LAFAYETTE


17 N.Y.2d 367 (1966)

Commercial Credit Corporation, Appellant, v. Lafayette Lincoln-Mercury, Inc., et al., Defendants, and Louis Mintz, Respondent.

Court of Appeals of the State of New York.

Decided June 2, 1966.


Attorney(s) appearing for the Case

Alfred L. Shiels for appellant.

Sylvan D. Freeman for respondent.

Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING concur.


Chief Judge DESMOND.

Before September 1, 1964, CPLR 3216 read as follows: "Where a party unreasonably neglects to proceed in the action against any party who may be liable to a separate judgment, the court, on its own initiative or upon motion, may dismiss the party's pleading on terms. Unless the order specifies otherwise, the dismissal is not on the merits." This was a 1962 rewrite of old section 181 of the...

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