Fleischman v. Mengis
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Samuel Fleischman against Morris C. Mengis. From an order refusing to dismiss for want of prosecution, defendant appeals.
1Opinion of the CourtBischoff, J.
The explanation given by the plaintiff in attempted excuse for his delay of over 12 years in the prosecution of the action is that the defendant was insolvent, and had promised to pay the claim in suit when his financial condition improved. Nothing in the affidavit submitted in opposition to the motion for a dismissal of the action for unreasonable neglect to proceed supports a determination that the delay was at the defendant’s request. At best, there is a suggestion that he did not object to the plaintiff’s policy of waiting for better-times, but, so far as the plaintiff was charged with…
2Cases cited3 opinions
- Fisher Malting Co. v. BrownAppellate Division of the Supreme Court of the State of New York · 1904
- Jacot v. MarksAppellate Division of the Supreme Court of the State of New York · 1900
- St. Paul's Church v. Mt. Vernon Suburban Land Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by2 opinions
- City of Jefferson v. Capital City Oil CompanyMissouri Court of Appeals · 1956
- Cooper v. MartinAppellate Division of the Supreme Court of the State of New York · 1927