Legal Opinion

Haber v. Telson

New York Supreme Court

Decided May 28, 1956PublishedCited by 4 opinions

1Opinion of the CourtJacob J. Schwartzwald, J.

This is a motion to dismiss the complaint pursuant to rules 106 and 107 of the Rules of Civil Practice.

The action is one brought to recover damages arising out of the alleged malpractice of the defendant in the months of January, March, April, May and December, 1948. The action was originally instituted by plaintiffs in August, 1949, and on the calendar call at Trial Term on September 14, 1954, it was dismissed because of the nonappearance of plaintiffs’ counsel. A judgment of dismissal was entered on September 17, 1954, and no appeal was taken from the judgment. Instead the plaintiffs on…

2Cases cited3 opinions

  1. Wooster v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1877
  2. Brumel v. Hartford Fire InsuranceCity of New York Municipal Court · 1936
  3. Sweeting v. Staten Island & Midland Railway Co.Appellate Division of the Supreme Court of the State of New York · 1917

3Cited by4 opinions

  1. Schneck v. S. T. Grand, Inc.New York Supreme Court · 1958
  2. Austrian v. Red Arrow Bonded Messenger Corp.New York Supreme Court · 1959
  3. Haber v. TelsonAppellate Division of the Supreme Court of the State of New York · 1957
  4. Stein v. GoldbergNew York Supreme Court · 1961

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