Russo v. Darmstadt
Appellate Division of the Supreme Court of the State of New York
• Appeal by the defendants, Louis F. Darmstadt and others, partners, etc., 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 26th day of June, 1906, as resettled by an order entered in said clerk’s office on the 24th day of August, 1906, denying the defendant’s motion to dismiss the complaint; and also a separate appeal from an order entered in said clerk’s office on the 28th day of…
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• Appeal by the defendants, Louis F. Darmstadt and others, partners, etc., 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 26th day of June, 1906, as resettled by an order entered in said clerk’s office on the 24th day of August, 1906, denying the defendant’s motion to dismiss the complaint; and also a separate appeal from an order entered in said clerk’s office on the 28th day of June, 1906.
1Opinion of the Court
Jenks, J.:
The action is for negligence. The appeal is from an order of the Special Term of August, 24, 1906, which resettled an order of June 26, 1906. On June 12, 1906, the defendants moved for an order dismissing the complaint with costs and directing judgment in favor of the defendants and against the plaintiff for costs and disbursements. The motion was upon an affidavit that, the action was begun on or about October 18, 1905, by service of summons; that defend*888ants appeared on November 2,1905, with a demand fan service of a copy of the complaint and all other papers upon their attorney ;…
2Cases cited3 opinions
- Peri v. New York Central & Hudson River RailroadNew York Court of Appeals · 1897
- National Exhibition Co. v. CraneNew York Court of Appeals · 1901
- Smith v. Acker Process Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Crisenza v. AuchmutyAppellate Division of the Supreme Court of the State of New York · 1907