Anderson v. V. J. Hedden & Sons Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, V. J. Hedden & Sons Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the comity of Hew; York on the 28th day of August, 1906, denying the' defendant’s motion to dismiss the complaint for failure to prosecute the action, upon condition that the plaintiff pay ten dollars costs of the motion and place the cause upon the Trial Term calendar for October, 1906.
1Opinion of the Court
Laughlin, J.:
The motion should have been granted unconditionally. The' action is to recover damages for personal injuries alleged to have been sustained by the plaintiff through.the negligence of the defendant. Issue was j'oined on the 31st day of August, 1903. At the time the motion was made the case was not upon the calendar and had never been placed upon the calendar, and issues of a later date in actions of the same nature, not preferred, had been duly reached and tried. Ho affidavit was presented in opposition to the motion excusing the neglect of the plaintiff to notice the case for…
2Cases cited1 opinion
- Zafarano v. BairdAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by6 opinions
- Ferber v. NewgoldAppellate Division of the Supreme Court of the State of New York · 1909
- Kachel v. StutzAppellate Division of the Supreme Court of the State of New York · 1910
- Mannion v. SteffensAppellate Terms of the Supreme Court of New York · 1909
- Toher v. Lochinvar Realty Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Bleiberg v. OttenbergAppellate Terms of the Supreme Court of New York · 1907
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