Murthey v. Burke
Appellate Division of the Supreme Court of the State of New York
Aureal by the defendant, Dominic H. Burke, from so much of an'order of the Supreirie Court, made at the’Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 17th day of November, 1906, as denies costs to the defendant upon the dismissal of the complaint.
1Opinion of the Court
Hirschberg, P. J.:
The action was commenced in the month of August, 1906, by the service of a summons, together with a notice that upon default judgment would be taken against the defendant for a specified sum of money, with costs. The defendant duly appeared by attorney and demanded a copy of the complaint. The complaint was never served, and in November, 1906, the defendant moved for a dismissal of the complaint, with costs, for want of prosecution of the action. ' The motion was opposed by the plaintiff’s attorney, but no affidavit was filed explaining or excusing the delay, and the court…
2Cases cited2 opinions
- Murtha v. . CurleyNew York Court of Appeals · 1883
- Tillspaugh v. DickNew York Supreme Court · 1853
3Cited by6 opinions
- Nunnery v. Bobrose Developments, Inc.City of New York Municipal Court · 1937
- Wetzler v. SilvermanAppellate Terms of the Supreme Court of New York · 1910
- Travelers Insurance v. RabinowitzAppellate Terms of the Supreme Court of New York · 1926
- Weber Bunke Lange Coal Co. v. ChellborgAppellate Division of the Supreme Court of the State of New York · 1910
- Clonen v. MichaelsAppellate Division of the Supreme Court of the State of New York · 1908
1 more not listed; retrieve them via the Exa API.