Braham v. Braham
New York Supreme Court
Application to have order of discontinuance vacated, and case restored to the calendar for trial.
1Opinion of the CourtGoff, J.
When the case was called for trial the clerk of the court called to the attention of the justice presiding that the summons which had been filed with the complaint in the clerk’s office did not bear the inscription, “Action for a divorce,” in conformity with the rules and the practice observed in the clerk’s office. Thereupon permission was given to the plaintiff’s attorney to discontinue the action, without prejudice to the commencement of a new action wherein he could comply with the rule. On that direction an order for such discontinuance was made and entered. The attorney now makes…
2Cases cited1 opinion
- Rudolph v. RudolphSuperior Court of Buffalo · 1890
3Cited by2 opinions
- Deason v. DeasonNew York Supreme Court · 1973
- Martin v. MartinNew York Supreme Court · 1963