Tuttle v. Dubuque Fire & Marine Insurance of Dubuque
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Dubuque Fire and Marine Insurance Company of Dubuque, Iowa, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Onondaga on the 31st day of December, 1912, dismissing the plaintiff’s complaint for neglect to proceed with the action unless plaintiff procure from the referee a designation of the time on' or before April 1, 1913, and a place for hearing and notice the cause…
Read the full summary
Appeal by the defendant, the Dubuque Fire and Marine Insurance Company of Dubuque, Iowa, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Onondaga on the 31st day of December, 1912, dismissing the plaintiff’s complaint for neglect to proceed with the action unless plaintiff procure from the referee a designation of the time on' or before April 1, 1913, and a place for hearing and notice the cause for trial before the referee before such date. The appeal is from that portion of the order which permits the plaintiff to…
1Opinion of the Court
Foote, J.:
This cause has been at issue since November 20, 1907. Since August 25, 1908, when the order of reference was made, it could have been brought to trial, had plaintiff so desired, at any time on fourteen days’ notice. Section 822 of the Code of *805Civil Procedure provides: “Where the plaintiff unreasonably neglects to proceed in the action against the defendant, * * * the court may, in its discretion, upon the application of the defendant * - * dismiss the complaint as against the moving party or parties, and render judgment accordingly. ”
And by rule 3G of the General Rules of Practice…
2Cases cited2 opinions
- Seymour v. Lake Shore & Michigan Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Kachel v. StutzAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by6 opinions
- Price v. SunfieldArizona Supreme Court · 1941
- McGovern v. G. A. Suter & Co.New York Supreme Court · 1916
- Benjamin v. Chock Full of Nuts, Inc.Appellate Division of the Supreme Court of the State of New York · 1963
- Cooperman v. Princeton Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1957
- Ferguson v. Buffalo, Rochester & Pittsburgh Railway Co.Appellate Division of the Supreme Court of the State of New York · 1916
1 more not listed; retrieve them via the Exa API.