Mladinich v. Livingston
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Johnston Livingston, as president of the National Express Company, from an order of the Supréíne Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 13th day* of January, 1906, denying the defendant’s motion to dismiss the plaintiff’s complaint because of his unreasonable neglect to prosecute the action.
1Opinion of the Court
Ingraham, J.:
Upon an affidavit of one of the attorneys for the defendant that this action was commenced on June 5, 1900 ; that it ivas finally at issue on September 15, 1900, and no steps were taken by the plaintiff to place the case upon the calendar until November" 17, 1905, when a notice of trial for the December term in 1905 was served, and that younger issues have been tried in their regular order upon the calendar, the defendant made a motion to .dismiss this action. Section 822 of the Code of Civil Procedure provides that where the plaintiff unreasonably neglects to proceed in the…
2Cases cited2 opinions
- Seymour v. Lake Shore & Michigan Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Zafarano v. BairdAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by14 opinions
- Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
- Richardson v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1952
- Carbonel v. OcasioNew York Supreme Court · 1963
- Mannion v. SteffensAppellate Terms of the Supreme Court of New York · 1909
- Nelson v. RyanAppellate Division of the Supreme Court of the State of New York · 1925
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