Brody, Adler & Koch Co. v. Hochstadter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Bella W. Hochstadter and another, 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 16th day of April, 1912, denying the defendants’ motion for an order requiring the plaintiff’s attorneys to receive and accept nunc pro tunc a notice of trial for the Special Term served on behalf of the defendants, and also for a separate trial of the issues raised by the…
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Appeal by the defendants, Bella W. Hochstadter and another, 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 16th day of April, 1912, denying the defendants’ motion for an order requiring the plaintiff’s attorneys to receive and accept nunc pro tunc a notice of trial for the Special Term served on behalf of the defendants, and also for a separate trial of the issues raised by the defendants’ counterclaim and the reply thereto prior to the trial of the other issues at Trial Term, and staying the trial…
1Opinion of the Court
Laughlin, J.:
For the reasons assigned in the opinion filed herewith on the appeal from an order granting plaintiff’s motion to strike the cause from the Special Term calendar (Brody, Adler & Koch Co. v. Hochstadter, No. 2, 150 App. Div. 530), the court properly denied the motion, in so far as it was sought to require the attorneys for the defendants to receive and accept the notice of trial, and to have the action of the attorneys for the defendants, in serving the notice of trial and filing a note of issue for the Special Term, ratified and affirmed. We are of opinion, however, that the…
2Cases cited4 opinions
- Bennett v. Edison Electric Illuminating Co.New York Court of Appeals · 1900
- Goss v. C. S. Goss & Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Cohen v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Brody, Adler & Koch Co. v. HochstadterAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by6 opinions
- Samuel Strauss & Co. v. American Credit Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Golran Realty Corp. v. James Butler Grocery Co.Appellate Division of the Supreme Court of the State of New York · 1930
- White v. ShontsAppellate Division of the Supreme Court of the State of New York · 1913
- Brody, Adler & Koch Co. v. HochstadterAppellate Division of the Supreme Court of the State of New York · 1913
- Epstein v. Rockville Centre Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1914
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