Willner v. Mink Restaurant Co.
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from an order of the Oity Court of the city of 3STew York, granting defendant’s motion to dismiss the complaint for want of prosecution, upon terms.
1Opinion of the CourtMacLean, J.
Issue of fact was joined herein October 18, 1905; the cause was placed upon the calendar, and both parties noticed the action for trial for the first Monday in ¡November, 1905. notwithstanding section 977, Code of Civil. Procedure, providing that, where in the county of ¡New York a party has served a notice of trial and filed a note of issue for a term at which it is not tried, the action must remain upon the calendar until it is disposed of, the making of a new calendar was ordered in the City Court for the October following; and it was ordained that “ no action upon the general calendar…
2Cited by2 opinions
- Wilensky v. Philadelphia Casualty Co.Appellate Terms of the Supreme Court of New York · 1911
- Willner v. Mink Restaurant Co.Appellate Division of the Supreme Court of the State of New York · 1910