Legal Opinion
Producers Releasing Corporation De Cuba v. Pathe Industries, Inc
Court of Appeals for the Second Circuit
Decided November 6, 1950No. 21719_1PublishedCited by 11 opinions
1Opinion of the Court
FRANK, Circuit Judge.
1. Considering our opinion in connection with the dismissal of the former suit, 2 Cir., 176 F.2d 93 and the New York decisions interpreting § 23 of the New York Civil Practice Act, we think that the dismissal of the complaint in that suit was not for “neglect to prosecute”, and that therefore the present suit was timely brought within the meaning of § 23. In Gaines v. City of New York, 215 N.Y. 533, 539, 109 N.E. 594, 596, it was said: “The statute is designed to insure to the diligent suitor the right to a hearing in court till he reaches a judgment on the merits. Its…
2Cases cited14 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Gaines v. . City of New YorkNew York Court of Appeals · 1915
- Van Der Stegen v. Neuss, Hesslein & Co.New York Court of Appeals · 1936
- State of California, Department of Employment v. Fred S. Renauld & Co.Court of Appeals for the Ninth Circuit · 1950
- Producers Releasing Corp. De Cuba v. PRC Pictures, Inc.Court of Appeals for the Second Circuit · 1949
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Rieser v. Baltimore Ohio Railroad CompanyCourt of Appeals for the Second Circuit · 1955
- Marion Simcox v. San Juan Shipyard, Inc., Etc., International Shipbuilding CorporationCourt of Appeals for the First Circuit · 1985
- Marco v. DullesDistrict Court, S.D. New York · 1959
- Field v. Witt Tire Co. Of Atlanta, Ga., Inc.Court of Appeals for the Second Circuit · 1952
- Anguiano v. Transcontinental Bus System, Inc.Arizona Supreme Court · 1953
6 more not listed; retrieve them via the Exa API.