Legal Opinion
Smith v. Schiller
Appellate Division of the Supreme Court of the State of New York
Decided December 10, 1951PublishedCited by 6 opinions
1Opinion of the Court
In our opinion the plaintiff on this record has failed to show any reasonable explanation or excuse for failure to bring the action to trial for almost three years after joinder of issue and has failed to present any showing of merits. Under such circumstances, denial of the motion to dismiss was an improvident exercise of discretion. (Giovannucci v. Brooklyn & Richmond Ferry Co., 278 App. Div. 861, and cases there cited; McIntyre v. Branner, 214 App. Div. 145.) Nolan, P. J., Carswell, Johnston, Sneed and Wenzel, JJ., concur.
2Cases cited2 opinions
- Giovannucci v. Brooklyn & Richmond Ferry Co.Appellate Division of the Supreme Court of the State of New York · 1951
- McIntyre v. BrannerAppellate Division of the Supreme Court of the State of New York · 1925
3Cited by6 opinions
- Lange v. BagishAppellate Division of the Supreme Court of the State of New York · 1955
- Fassett v. Valley Feed & Supply Co.Appellate Division of the Supreme Court of the State of New York · 1954
- Johnson v. Moody's Investors ServiceAppellate Division of the Supreme Court of the State of New York · 1955
- Glasser v. RitzerAppellate Division of the Supreme Court of the State of New York · 1956
- O'Rourke v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1957
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