Legal Opinion

Seebach v. Fenkart

Appellate Terms of the Supreme Court of New York

Decided March 16, 1911Published

Appeals from City Court of New York, Special Term. Actions by John Seebach, Jr., against Charles Fenkart. From orders dismissing the complaints in each action for want of prosecution; plaintiff appeals. Reversed.

1Per curiam

These cases were placed on the calendar and notes of issue filed soon after issue was joined. They appeared for the first time on the calendar for trial on January 11, 1909. On January 9, 1909, at the request of a duly authorized representative of defendant’s attorney, they were marked “Reserved generally,” pending the determination of certain" bankruptcy proceedings; defendant’s attorney stating that he would consent to their being restored to the day calendar on the termination of such proceedings. The bankruptcy *579proceedings terminated in March, 1909; but plaintiff had no knowledge of that…

2Cases cited3 opinions

  1. McHugh v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1906
  2. Severin v. HopperCity of New York Municipal Court · 1902
  3. Severin v. HopperCity of New York Municipal Court · 1902

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