Diamond v. Kaufmann
Appellate Terms of the Supreme Court of New York
Appeal by defendant Kaufmann from an order of the City Court of the city of New York denying the said defendant’s motion to dismiss the action for want of prosecution.
1Opinion of the CourtSeabury, J.
The defendant appeals from an order denying his motion to dismiss the action for want of prosecution. The action was commenced in May, 1911, and issue was joined in that month. On February 9, 1912, a new attorney was substituted for the former attorney of the plaintiff. From the date of joining issue until July 18,1913, when the defendant made the motion to dismiss, no step to prosecute the action was taken by the plaintiff, and younger issues had in the meantime been tried. In opposition to the motion an affidavit was presented of an attorney “ associated with ” the plaintiff’s attorney, to…
2Cases cited3 opinions
- Holtzoff v. Dodge & Olcott Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Anderson v. V. J. Hedden & Sons Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Pociunas v. American Sugar Refining Co.Appellate Terms of the Supreme Court of New York · 1911