Legal Opinion

Wilensky v. Philadelphia Casualty Co.

Appellate Terms of the Supreme Court of New York

Decided October 16, 1911PublishedCited by 4 opinions

Appeal from City Court of New York, Special Term. Action by Oscher Wilensky against the Philadelphia Casualty Company. From an order of the City Court, denying a motion to dismiss the complaint for failure to prosecute, defendant appeals. Reversed, and motion granted.

1Per curiam

[1] This action was commenced and issue joined' in June, 1904. It was noticed for trial for December, 1904, and a note of issue filed, and the case received a number on the calendar. Up to the time this motion was made, the case never appeared upon any call or day calendar of the City Court. In March, 1909, a motion to dismiss for failure to prosecute was made; but this motion seems to-have been abandoned. Junior issues have been tried, and the case presents an unusual degree of loches on the part of the plaintiff, which is not excused by anything set forth in his affidavits. After noticing…

2Cases cited1 opinion

  1. Willner v. Mink Restaurant Co.Appellate Terms of the Supreme Court of New York · 1908

3Cited by4 opinions

  1. State v. District Court, Lewis & Clark CountyMontana Supreme Court · 1957
  2. Donovan v. JordanNorth Dakota Supreme Court · 1913
  3. Commercial Laundry, Inc. v. Linen Supply Ass'n of Greater New York, Inc.District Court, S.D. New York · 1950
  4. State v. District Court, Lewis & Clark CountyMontana Supreme Court · 1957

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