Kachel v. Stutz
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles Stutz, 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 28th day of December, 1909, denying the defendant’s motion to dismiss the complaint for want of prosecution.
1Opinion of the Court
McLaughlin, J.:
This action was commenced in October, 1907, to recover damages claimed for alleged breach of contract. In December, 1909, the defendant moved to dismiss the complaint for want of prosecution. The motion was denied and he appeals.
Issue was joined, on the 31st of October, 1907, since which time *200plaintiff lias taken no steps whatever to bring the action to trial. He has not served a notice of trial, filed note of issue, or placed the cause upon the calendar for trial. Younger issues of substantially the same nature have- been reached, on the general calendar, tried and disposed…
2Cases cited1 opinion
- Anderson v. V. J. Hedden & Sons Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- Tuttle v. Dubuque Fire & Marine Insurance of DubuqueAppellate Division of the Supreme Court of the State of New York · 1913
- Benjamin v. Chock Full of Nuts, Inc.Appellate Division of the Supreme Court of the State of New York · 1963
- Gomperts v. HirschfieldAppellate Division of the Supreme Court of the State of New York · 1934