Robinson v. Thomas
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edward R. Thomas and another, 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 12th .day of August, 1907, as resettled by an order entered on the 15th day of August, 1907, granting the plaintiff’s motion for a reargument of a motion to revive the action and"reviving it in the names of the executors of the deceased plaintiff as plaintiffs and permitting…
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Appeal by the defendants, Edward R. Thomas and another, 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 12th .day of August, 1907, as resettled by an order entered on the 15th day of August, 1907, granting the plaintiff’s motion for a reargument of a motion to revive the action and"reviving it in the names of the executors of the deceased plaintiff as plaintiffs and permitting them to serve an amended complaint.
1Opinion of the Court
Laughlin, J.:
We would not review the discretion of the court in granting the motion for a reargument. The relief, however, granted by the court on the reargument was unwarranted by the moving papers. This is the second attempt to revive this action and the papers are still defective. The first motion to revive it was made ex parte. This motion on notice was based solely upon, the affidavit of an attorney who states that he is the attorney for the executors, but he does not show that they authorized him to make the motion, a fact which, it was pointed out in Wilson v. Harter (57 App. Div.…
2Cases cited4 opinions
- Wilson v. HarterAppellate Division of the Supreme Court of the State of New York · 1901
- Riley v. GittermanNew York Supreme Court · 1889
- People ex rel. Collins v. DonohueNew York Supreme Court · 1892
- Hoeflin v. GedneyCity of New York Municipal Court · 1898
3Cited by2 opinions
- Lewis v. LewisNew York Supreme Court · 1964
- Rosenbaum v. Dale Factors Corp.Appellate Division of the Supreme Court of the State of New York · 1963