Armstrong v. Star Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Star Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 6th day of September, 1912, resettling an order entered in said clerk’s office on the 24th day of August, 1912.
1Opinion of the Court
Rich, J.:
This appeal is from an order denying defendant’s motion to dismiss the complaint because of the unreasonable neglect of plaintiff to prosecute the action. The action is for libel. The publication complained of was made on December 4, 1907.
This action was commenced September 14, 1909, and issue was joined by the service of an amended answer April 14, 1910, since which time the plaintiff has done nothing toward bringing the action to trial, except that he served a notice of trial August 14, 1912, but this was not done until some time after the defendant moved to dismiss for failure to…
2Cases cited1 opinion
- Regan v. Milliken Bros.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by8 opinions
- Friedlander v. Roxy Theatre, Inc.New York Supreme Court · 1953
- People v. Robert W. Smith Corp.Appellate Division of the Supreme Court of the State of New York · 1936
- Seager v. EllisNew York Supreme Court · 1961
- Detroit Copper & Brass Rolling Mills Co. v. WiseDistrict Court, N.D. New York · 1922
- Haase v. New York Herald Co.Appellate Division of the Supreme Court of the State of New York · 1921
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