McGrath v. Murtha & Schmohl Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Murtha & Schmohl Company, from an order of the Supreme Court, made at the New York Special Term and entered in tbe office of the clerk of the. county of New York on tbe 7th day of August, 1908, denying tbe defendant’s motion to dismiss tbe complaint for failure to prosecute tbe action.
1Opinion of the Court
Ingraham, J.:
This.action was commenced on the l5th of November, 1906, and issue was joined tbe 12th of December, 1906. The case was never placed on the calendar and issues of a later date have been tried. The action is to recover $10,000 damages caused by tbe death of the plaintiff’s intestate. Tbe only excuse offered was that tbe plaintiff’s attorney found an entry on bis register dated August 29,1906, that bis managing clerk had directed his assistant not to place tbe case on the calendar and the matter was not called to bis attention. No affidavit of tbe plaintiff was presented and nothing…
2Cited by3 opinions
- Boitel v. ShillingAppellate Division of the Supreme Court of the State of New York · 1914
- Boitel v. ShillingAppellate Division of the Supreme Court of the State of New York · 1914
- Loog v. MaceAppellate Terms of the Supreme Court of New York · 1909