Zirn v. Bradley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for libel, plaintiff moved, inter alia, to strike out the entire first and second defenses contained in defendants’ answer or, in the alternative, to strike out certain allegations contained therein and also to extend his time to make such motion. The Special Term denied plaintiff’s motion to extend his time and denied the motion to strike out, not on the merits, but solely on the ground that the motion was not timely made. In our opinion it was an improper exercise of discretion to deny plaintiff’s application to extend his time to make the motion. (Fiorello…
2Cases cited6 opinions
- Nasmie Construction Co. v. QuasmanAppellate Division of the Supreme Court of the State of New York · 1925
- Fiorello v. New York Protestant Episcopal City Mission SocietyAppellate Division of the Supreme Court of the State of New York · 1926
- Indelli v. LessterAppellate Division of the Supreme Court of the State of New York · 1909
- Goodrow v. New York American, Inc.Appellate Division of the Supreme Court of the State of New York · 1931
- Dodge v. CampbellAppellate Division of the Supreme Court of the State of New York · 1928
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Zirn v. CullomNew York Supreme Court · 1946
- Merrick v. New York Subways Advertising Co.New York Supreme Court · 1958
- Chesny v. ChesnyAppellate Division of the Supreme Court of the State of New York · 1951
- Mencher v. ChesleyNew York Supreme Court · 1946
- E. F. Curialle & Co. v. Kenray Realty Corp.New York Supreme Court · 1960
2 more not listed; retrieve them via the Exa API.