Zafarano v. Baird
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Giuseppe Zafarano against William P. Baird. From an order denying a motion for dismissal of the action on the ground that plaintiff had unreasonably neglected to prosecute it, defendant appeals.
1Opinion of the CourtLaughlin, J.
The action was brought to recover damages for personal injuries alleged to have been sustained by the plaintiff through the negligence of the defendant. The summons was served on the 27th day of July, 1897, and issue was joined on the 8th day of October of the same year. On the 29th day of October, 1897, the plaintiff noticed the action for trial for the following December term, and the defendant also noticed it for trial at that term. The plaintiff failed to file a note of issue for the term for which he noticed the case for trial, or for any subsequent term, and it has never been.placed…
2Cases cited2 opinions
- Seymour v. Lake Shore & Michigan Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Seymour v. Lake Shore & Michigan Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by4 opinions
- Mannion v. SteffensAppellate Terms of the Supreme Court of New York · 1909
- St. Paul's Church v. Mt. Vernon Suburban Land Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Toher v. Lochinvar Realty Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Bleiberg v. OttenbergAppellate Terms of the Supreme Court of New York · 1907