Holtzoff v. Dodge & Olcott Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Dodge and Oleott Company, 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 1st day of June, 1909, denying the defendant’s motion to dismiss the complaint upon the ground of loches in the prosecution of the action.
1Opinion of the Court
Laughlin, J.:
This is an action predicated on a statute of the State of New Jersey, to recover for the death of Victor Newman, who met his death on the 18th day of June, 1905, while in the employ of the defendant, by an explosion of chemicals. The summons in the action was served on the defendant on the 15th day of June, 1906. The plaintiff obtained eight extensions of time within which to serve the complaint and was at one time in default, but finally served it on the 20th day of November, 1906. Issue was joined on the seventh day of December thereafter. On the 28th day of December,. 1906,…
2Cases cited1 opinion
- Zafarano v. BairdAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by7 opinions
- Hicks v. Bekins Moving & Storage Co.Court of Appeals for the Ninth Circuit · 1940
- Friedlander v. Roxy Theatre, Inc.New York Supreme Court · 1953
- United States ex rel. Shinn v. TennesseeDistrict Court, E.D. Tennessee · 1947
- Boitel v. ShillingAppellate Division of the Supreme Court of the State of New York · 1914
- Diamond v. KaufmannAppellate Terms of the Supreme Court of New York · 1913
2 more not listed; retrieve them via the Exa API.