Miller v. Mestaniz
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York. Action by William' Miller against Liubomir R. Mestaniz. From a judgment of the City Court in favor of plaintiff, and from an order denying defendant’s motion for a new trial, he appeals. Reversed.
1Opinion of the CourtBlanchard, J.
The plaintiff’s motion made at the opening of trial to strike this cause from the calendar on the ground that no notice of trial had been served, no note of issue filed, and no order made placing the cause on the short-cause calendar since the amendment of the complaint under the order of City Court filed May 1, 1903, should have been granted. No order of the court had been made, directing that the case retain its place upon the calendar, or dispensing with the service of a new notice of trial, as provided in section 723, Code Civ. Proc. A defendant cannot in this summary way be deprived of a…
2Cases cited2 opinions
- Grindal v. De LanoCity of New York Municipal Court · 1891
- Woollett v. Seamen's Bank for SavingsNew York Supreme Court · 1901