Sweeting v. Staten Island & Midland Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of .the county of Richmond on the 29th day of December, 1916, denying its motion for judgment on the pleadings, consisting of a complaint and answer.
1Per curiam
Section 405 of the Code of Civil Procedure is a remedial statute to be liberally construed. (Gaines v. City of New York, 215 N. Y. 533, 539; 25 Cyc. 1314.) Plaintiff should be allowed to bring his action renewing his original suit, which had been dismissed on failure to answer the call of the calendar at the Trial Term. Such mistake or inadvertence of the attorney was neither a “voluntary discontinuance” nor a dismissal “ for neglect to prosecute,” which latter term applies to *495failure to try the cause until after younger issues shall have been tried in their regular order. (General Eules of…
2Cases cited2 opinions
- Gaines v. . City of New YorkNew York Court of Appeals · 1915
- Casey v. . City of New YorkNew York Court of Appeals · 1916
3Cited by9 opinions
- Marco v. DullesDistrict Court, S.D. New York · 1959
- Maestas v. American Metal Co.New Mexico Supreme Court · 1933
- Harris v. HarrisAppellate Division of the Supreme Court of the State of New York · 1935
- Wright v. L. C. Defelice & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1964
- Schneck v. S. T. Grand, Inc.New York Supreme Court · 1958
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