Crisenza v. Auchmuty
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ellén S. Anchmuty, from an order of the Supreme Court, 'made at the New York Special Term and entered in the office of "the clerk of the county of New York on the- 2d day of August, ■ 1907, denying the defendant’s motion to dismiss the complaint on the ground that the plaintiff has shown unreasonable" neglect in prosecuting the action.
1Per curiam
The action was begun by the service of-a summons .on'January 15, 1904, and the issue was joined on March 2, 1904. The case has never been noticed for trial and junior -issues having been reached and tried in their regular order, defendant moved to dismiss the complaint for lack of prosecution, as provided for by section 822 of the Code of Civil Procedure and rule 36 of the General Rules of Practice. The only excuse offered by the plaintiff’s attorney is that his client had settled and compromised the claim, and indeed the answer, verified on the 2d day of March, 1904, alleges compromise of…
2Cases cited1 opinion
- Russo v. DarmstadtAppellate Division of the Supreme Court of the State of New York · 1907