Bleiberg v. Ottenberg
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Max Bleiberg against Adolphus Ottenberg. From an order denying a motion to dismiss for want of prosecution, defendant appeals. Reversed, and action dismissed.
1Opinion of the CourtLeventritt, J.
The facts disclosed on the motion called for an unconditional dismissal of the complaint. On April 8, 1903, the plaintiff suffered injuries in an accident which he charges to the defendant’s negligence, and for the resulting damages he brought this action. The summons and complaint were served on May 7, 1903, and the defendant promptly interposed an answer on May 13th. After waiting four years and three months, the defendant moved to dismiss the action for failure to prosecute it, alleging the undisputed facts that the plaintiff had taken no steps to bring the cause to trial, had neither…
2Cases cited8 opinions
- Seymour v. Lake Shore & Michigan Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Mladinich v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1906
- 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
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