Lecocq v. Pottier
New York Supreme Court
Appeal from special term, New York county. Action by Ernest J.. Lecocq against Auguste Pottier, executor of Julius Lecocq, deceased. Erom an order denying a motion to dismiss proceedings for want of prosecution, and appointing a new referee, defendant, Pottier, and Julia Lecocq and Lucie Lecocq, intervening legatees, appeal. Modified.
1Opinion of the CourtO’Brien, J.
This proceeding arises out of a claim made against an estate, which was referred to a referee. Upon failure to proceed with the reference, a motion was made to dismiss, which was granted. Subsequently the claimant moved to open the default, which was allowed upon terms. Upon the ground of the claimant’s failure to proceed with the reference as required by the order opening the default, a second motion was made to dismiss the proceedings, and upon such motion an order was made “denying said motion, and referring this proceeding to.William P. Prentice, as referee, in place and stead of John M.…
2Cases cited1 opinion
- Emmet v. BowersThe Superior Court of New York City · 1862
3Cited by1 opinion
- Smith v. . State of New YorkNew York Court of Appeals · 1915