McMann v. Brown
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward A. Brown, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of New York on the •1st day. of December, 1903, denying the defendant’s motion to dismiss the plaintiff’s complaint.
1Opinion of the Court
McLaughlin, J.:
Defendant appeals from an order denying a motion to dismiss the complaint on the ground that plaintiff has unreasonably neglected to. prosecute the action. Issue was joined in the action on August 21, 1900. The motion was made September 18, 1903, The facts upon which defendant claimed that he' was entitled to have the complaint dismissed are similar to those stated in Fisher Malting Co. v. Brown (92 App. Div. 251), and it is, therefore, unnecessary to restate them. In the affidavit of the plaintiff’s attorney used in opposition to the motion the statement is made that a note of…
2Cases cited1 opinion
- Fisher Malting Co. v. BrownAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by6 opinions
- Brown v. GaussAppellate Terms of the Supreme Court of New York · 1905
- St. Paul's Church v. Mt. Vernon Suburban Land Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Bleiberg v. OttenbergAppellate Terms of the Supreme Court of New York · 1907
- Boitel v. ShillingAppellate Division of the Supreme Court of the State of New York · 1914
- Mintz v. GoldbaumCity of New York Municipal Court · 1910
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