Titus v. Halsted
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, E. Bayard Halsted and others, 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 25th day of March, 1924, granting the plaintiff’s motion to set aside the judgment dismissing the complaint and to place the cause on the calendar for trial.
1Opinion of the Court
Finch, J.:
It appears that issue was joined on July 30, 1920. The cause appeared on the call calendar in October, 1922, and was adjourned by consent a number of times until January 9, 1924, when it was marked “ ready,” over plaintiff’s objection, and thereafter appeared daily on the day calendars of January tenth, eleventh, fourteenth, fifteenth and sixteenth. When the case was reached the plaintiff *67requested an adjournment for the purpose of completing an examination before trial, which was denied, and plaintiff refused to go to trial, whereupon judgment was granted dismissing the complaint.
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2Cases cited1 opinion
- Fitzgerald Manufacturing Co. v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1922
3Cited by8 opinions
- Blasser v. Morrisania Milk Co.Appellate Division of the Supreme Court of the State of New York · 1935
- Rios v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1970
- Boxer v. TopalianCivil Court of the City of New York · 1962
- Charles Barnett Co. v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1959
- Heiland v. SalmNew York Supreme Court · 1955
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