Fisher Malting Co. v. Brown
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward A. Brown, 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 1st day of December, 1903, denying the defendant’s motion to dismiss the plaintiff’s complaint.
1Opinion of the Court
McLaughlin, J.:
This action was commenced in May, 1900, by the personal service of a summons and complaint, and issue was joined therein by the service of an amended answer on the 21st of August, 1900. No further steps appear to have been taken until on September 18, 1903, a motion was madé, which resulted in the order appealed from5 to dismiss the complaint upon the ground that the plaintiff had unreasonably neglected to proceed in the action. The plaintiff’s attorney then noticed the cause for trial and filed a note of issue. The motion was denied and defendant appeals.
The fact is…
2Cases cited1 opinion
- Seymour v. Lake Shore & Michigan Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by11 opinions
- Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
- Giovannucci v. Brooklyn & Richmond Ferry Co.Appellate Division of the Supreme Court of the State of New York · 1951
- McMann v. BrownAppellate Division of the Supreme Court of the State of New York · 1904
- Fassett v. Valley Feed & Supply Co.Appellate Division of the Supreme Court of the State of New York · 1954
- Mannion v. SteffensAppellate Terms of the Supreme Court of New York · 1909
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