Harris v. Reichenbach
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Louis Reichenbach, Jr., from an order of" the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of January, 1912, as resettled by an order bearing date the 9th day .of February, 1912, and entered in said clerk’s office, denying a motion to dismiss the complaint herein for failure to prosecute the action.
1Opinion of the Court
Dowling, J.:
The action was commenced February IT, 1909, and issue was joined April 26; 1909. Plaintiff has never noticed the cause for trial or. filed any note of issue. Defendant shows that issues of a much later date have been reached for trial and disposed of. The isole excuse offered by plaintiff for his failure to move the cause for trial is that an order for his examination before trial was granted January 11/1910; that his testimony thereunder has never been ¡concluded; that he now is in Florida, where he has sojourned for some time, and that defendant’s attorneys have refused to fix a…
2Cited by1 opinion
- Detroit Copper & Brass Rolling Mills Co. v. WiseDistrict Court, N.D. New York · 1922