Silverman v. Baruth
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Dora Baruth, 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 20th day of March, 1899, denying the defendant’s motion for leave to reargue a former motion to dismiss the complaint for want of prosecution and for an order dismissing said complaint.
1Opinion of the Court
McLaughlin, J.:
Issue was joined in this action by the service of an answer in March, 1894. No further proceedings"were taken until November, 1898, when the defendant movedl, upon affidavits showing that the plaintiff had never noticed the case for trial or placed it upon the calendar, and that younger issues, had in the meantime been tried in their regular order, to dismiss the complaint for want of prosecution. In opposition to the motion the plaintiff’s attorney, submitted his own affidavit, from which it appeared that the only excuse for the delay was that he had forgotten that the action…
2Cases cited1 opinion
- Patterson v. PattersonAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by6 opinions
- Eakin's Administrator v. AndersonCourt of Appeals of Kentucky · 1916
- Lambert v. BrownNorth Dakota Supreme Court · 1911
- Donovan v. JordanNorth Dakota Supreme Court · 1913
- Russell v. Texas Transport & Terminal Co.Court of Appeals for the Second Circuit · 1929
- Finn v. Scottish Union & National InsuranceAppellate Division of the Supreme Court of the State of New York · 1910
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