St. Paul's Church v. Mt. Vernon Suburban Land Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Westchester Comity. Action by St. Paul’s Church in the Town of Eastchester, in the county of Westchester and state of New York, against the Mt. Vernon Suburban Land Compaq. From an order denying defendant’s motion to dismiss the action for unreasonable neglect to proceed therein, it appeals. Reversed.
1Opinion of the CourtRich, J.
It is undisputed that this action was commenced on March 8, 1894, and issue joined by‘the service of an amended answer on March 6, 1895, since which time no effort has been made by the plaintiff to bring the issues to trial until after the service of notice of the defendant’s motion. These facts established a prima facie case of unreasonable neglect, and threw the burden of excusing such negelect upon the plaintiff. Seymour v. Lake Shore & M. S. R. Co., 12 App. Div. 300, 42 N. Y. Supp. 92; McMann v. Brown, 92 App. Div. 249, 87 N. Y. Supp. 38; Fisher Malting Co. v. Brown, 92 App. Div. 251, 87…
2Cases cited6 opinions
- Seymour v. Lake Shore & Michigan Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Fisher Malting Co. v. BrownAppellate Division of the Supreme Court of the State of New York · 1904
- Zafarano v. BairdAppellate Division of the Supreme Court of the State of New York · 1903
- Seymour v. Lake Shore & Michigan Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- McMann v. BrownAppellate Division of the Supreme Court of the State of New York · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Mannion v. SteffensAppellate Terms of the Supreme Court of New York · 1909
- Fleischman v. MengisAppellate Terms of the Supreme Court of New York · 1908
- Norwegian Evangelical Free Church v. MilhauserNew York Supreme Court · 1926