Legal Opinion
Sommers v. Timely Toys, Inc.
Court of Appeals for the Second Circuit
Decided January 4, 1954No. 342_1PublishedCited by 15 opinions
1Opinion of the Court
CLARK, Circuit Judge.
On this motion asking for a stay pending rehearing and in substance seeking rehearing and reversal of our previous dismissal of this appeal for want of timely prosecution, counsel for appellant urges that his delay in filing the record within the required time should not cause his client to lose a meritorious claim or defense and that the situation should be considered one of “merely excusable neglect” under our Rule 16(b), which supplements Fed.Rules Civ.Proc. rule 73(a). Generally we have been disposed to be lenient as to this requirement of our rule when the other of a…
2Cases cited8 opinions
- Hermitage Co. v. LevineNew York Court of Appeals · 1928
- Mallory Associates, Inc. v. Barving Realty Co.New York Court of Appeals · 1949
- Mallory Associates, Inc. v. Barving Realty Co.New York Court of Appeals · 1950
- 2710 8th Ave., Inc. v. Frank Forman Pharmacy, Inc.Appellate Terms of the Supreme Court of New York · 1943
- Pollack v. SpringerAppellate Terms of the Supreme Court of New York · 1949
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Fore Improvement Corporation, .Appellant v. George R. Selig, Trustee-Appellee. In the Matter of Tru-Seal Aluminum Products Corp., BankruptCourt of Appeals for the Second Circuit · 1960
- In re Perfection Technical Services Press, Inc.Appellate Division of the Supreme Court of the State of New York · 1965
- In the Matter of Pal-Playwell, Inc., Bankrupt, Leonard Siegel, Trustee-Appellant, William Saloy and Herbert J. ClarkCourt of Appeals for the Second Circuit · 1964
- In re Gottfried Baking Co.District Court, S.D. New York · 1970
- Freedman v. Washington Square Management Corp.City of New York Municipal Court · 1959
10 more not listed; retrieve them via the Exa API.