Legal Opinion
Joseph v. Norton Co.
District Court, S.D. New York
Decided May 25, 1959PublishedCited by 4 opinions
1Opinion of the Court
DAWSON, District Judge.
This is a motion to vacate and set aside a final judgment of dismissal entered against the plaintiff in this cause, and to restore the cause to the trial calendar. The motion is made pursuant to F.R.Civ.Proc. Rule 60(b) (1), 28 U.S. C.A., on the ground of “excusable neglect” on the part of plaintiff’s attorney.
It appears that this action, which is one for personal injuries, was instituted on May 24,1957. On November 29,1957, attorneys for the plaintiff filed a note of issue and a statement of readiness for trial.
On January 21, 1959, the case was placed on the assignment…
2Cited by4 opinions
- Clayton E. Durham v. Florida East Coast Railway CompanyCourt of Appeals for the Fifth Circuit · 1967
- William Link v. Wabash Railroad CompanyCourt of Appeals for the Seventh Circuit · 1961
- Ruby Joseph v. Norton CompanyCourt of Appeals for the Second Circuit · 1959
- William Link v. Wabash Railroad CompanyCourt of Appeals for the Seventh Circuit · 1961