Parker v. McMahon
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order reversed, without costs, and plaintiff’s motion denied. Memorandum: On each of the several occasions when this action appeared upon the Trial Calendar in 1974 and 1975, it was held or put over at the request of plaintiffs. Finally, in April, 1975 plaintiffs were granted a day certain for trial on June 23, 1975. On that date a jury was drawn and the action assigned to a Trial Judge, but plaintiffs did not appear or proceed to trial. Defendants’ motion to dismiss the complaint for failure to proceed was denied without prejudice to renew because at the time of the motion, plaintiffs’…
2Cases cited8 opinions
- Ladd v. . StevensonNew York Court of Appeals · 1889
- Herpe v. . HerpeNew York Court of Appeals · 1919
- In re HuieNew York Court of Appeals · 1967
- Clark v. . ScovillNew York Court of Appeals · 1910
- Prude v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1975
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3Cited by5 opinions
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- Lewis v. Jewish Guild for the BlindAppellate Division of the Supreme Court of the State of New York · 1977
- Saxon Mtge. Servs., Inc. v. ReynosoAppellate Division of the Supreme Court of the State of New York · 2024