De Lacy v. Kelly
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George 0. De Lacy, from, an order of the Supreme Court, made at the Nassau Special Term and entered in the office of the clerk of the county of Nassau on the 22d day of June, 19Í1, dismissing the complaint and vacating a lis pendens for a failure to prosecute the action.
1Opinion of the Court
Carr, J.:
This action was brought in Nassau county to compel the specific performance of a contract for the conveyance of real *38property. Qn Hay 25,1911, an order was made at Special Term in said county dismissing the action for failure on the part of. the plaintiff to prosecute the same with due diligence. From that order the plaintiff, appeals. .This order was; based upon a notice of motion dated February 24,1911, and on an affidavit of the attorney for the defendant Langevin, dated February 25, 1911. The motion was made returnable on March 6,1911. In the moving affidavit it is set forth that…
2Cases cited1 opinion
- Haskell v. MoranAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by5 opinions
- First Nationwide Bank v. Brookhaven Realty AssociatesAppellate Division of the Supreme Court of the State of New York · 1996
- Sorin v. Shahmoon Industries, Inc.New York Supreme Court · 1961
- In re the Accounting of Security Trust Co.New York Surrogate's Court · 1948
- Ralston v. BlumNew York Supreme Court · 1980
- Vim Electric Co. v. ZaratzkyCity of New York Municipal Court · 1934