Heymer v. Arthur
New York Supreme Court
Appeal from special term, New York county. Action by Samuel W. Heymer against Mary A. Arthur, as administratrix of the estate of Thomas M. Argali, deceased. Plaintiff appeals from an order dismissing the complaint for want of prosecution.
1Opinion of the CourtVan Brunt, P. J.
It appears from the affidavit of the plaintiff that the delays arising in the trial of this case were partially caused by the defendant, and seem to have been connived at by her or her counsel. Prior to the making of this motion, it does not appear that the defendant showed any disposition to press the case for trial. At the time of making this motion, the plaintiff offered to place the case on the day calendar or short-cause calendar immediately for trial, if the defendant so desired. We think, under the circumstances of this case, that it was too harsh a punishment to dismiss his action.…
2Cited by1 opinion
- Severin v. HopperCity of New York Municipal Court · 1902