Legal Opinion

Levey v. Tribune Ass'n

New York Supreme Court

Decided January 15, 1898Published

Motion to strike cause from the calendar.

1Opinion of the CourtGildersleeve, J.

This is a motion to strike the cause from the calendar for the- reason that no new notice of trial has been served and no note of issue filed since the service of the amended answer See Yates v. McAdam, 18 Misc. Rep. 295. It seems, however, that when the case appeared on the calendar, on November 5, 1897, some time after the service of the amended pleading, the plaintiff moved to put over the case to December 21, 1897, and that the de:. fendant’s representative, who was in court to answer the call of the calendar, consented to this disposition of the case, or, at least, made *246no opposition…

2Cases cited2 opinions

  1. Yates v. McAdamNew York Supreme Court · 1896
  2. Mangone v. Metropolitan Street Railway Co.New York Supreme Court · 1897

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