Legal Opinion
Wetzler v. Silverman
Appellate Terms of the Supreme Court of New York
Decided June 24, 1910PublishedCited by 3 opinions
Appeal from City Court of New York, Special Term. Action by Ferdinand Wetzler against Samuel Silverman and others. From a judgment dismissing the complaint without costs, defendants appeal.
1Opinion of the Court
PER CURIAM;
This is an appeal by the defendants from an order which dismisses the complaint without costs. The appeal is from that provision of the order which denies the defendants costs on the granting of the dismissal.
*795In Murthey v. Burke, 121 App. Div. 400, 106 N. Y. Supp. 98, Mr. Justice Hirschberg, writing for the court, said:
“The order cannot be sustained. It is provided by section 822 of the Code of Civil Procedure that, where a plaintiff unreasonably neglects to proceed in an action, the court may, in its discretion, upon application of the defendant, dismiss the complaint and render…
2Cases cited2 opinions
- Murthey v. BurkeAppellate Division of the Supreme Court of the State of New York · 1907
- Tillspaugh v. DickNew York Supreme Court · 1853
3Cited by3 opinions
- Nunnery v. Bobrose Developments, Inc.City of New York Municipal Court · 1937
- Travelers Insurance v. RabinowitzAppellate Terms of the Supreme Court of New York · 1926
- Class Journal Co. v. Valveless Inner Tube Co.Appellate Terms of the Supreme Court of New York · 1914