COHN v. BORCHARD AFFILIATIONS


25 N.Y.2d 237 (1969)

Viola Cohn et al., Appellants, v. Borchard Affiliations, Respondent. Blankenship, Gruneau and Ostberg, Inc., Appellant, v. NTA Telestudios, Ltd. et al., Respondents.

Court of Appeals of the State of New York.

Decided July 1, 1969.


Attorney(s) appearing for the Case

Abraham Markhoff, Martin S. Rothman and Abraham W. Sereysky for appellants in the first above-entitled action.

Louis J. Lefkowitz, Attorney-General (Maria L. Marcus and Samuel A. Hirshowitz of counsel), in his statutory capacity under section 71 of the Executive Law in the first above-entitled action.

Lewis I. Wolf and Henry Wolfman for respondent in the first above-entitled action.

Theodore Pearle, Daniel Eisenberg and Stephen Ross for Brooklyn Bar Association, amicus curiæ, in the first above-entitled action.

Herman B. Gerringer and Benjamin H. Siff for New York State Association of Trial Lawers, amicus curiæ, in the first above-entitled action.

Joseph J. Rose for New York State Mutual Insurance Association and others, amicus curiæ, in the first above-entitled action.

Theodore D. Rothenberg for Nassau County Lawyers Association of Long Island, amicus curiæ, in the first above-entitled action.

Philip Pierce and Charles P. Axelrod for appellant in the second above-entitled action.

Ernest Walton, S. Earle Levene and David F. Wolfe for respondents in the second above-entitled action.

Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN concur.


Chief Judge FULD.

In the two cases before us, the defendants-respondents challenge the constitutionality of CPLR 3216, as enacted in 1967 (L. 1967, ch. 770, eff. Sept. 1, 1967), on the ground that the legislation deprived the court of its inherent power to control or regulate its own calendar. The new statute provides, among other things, that a defendant, before moving to dismiss the complaint for failure or...

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