Schwartz v. Interurban Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York. Action by Elias Schwartz against the Interurban Street Railway Company. From two orders of the New York City Court, one granting defendant’s motion to dismiss for failure to prosecute, and the other denying plaintiff’s motion to restore the cause to the calendar, plaintiff appeals. Reversed, and case restored to the calendar.
1Opinion of the CourtGirdersreeve, J.
Issue in this case was joined on January 24, 1903. A note of issue was not filed until March 7, 1905, on which day plaintiff served a notice of trial for the April, 1905, term. The defendant served a cross-notice of trial for said term on March 13, 1905. The case should have been, and presumably was, placed upon the calendar as of the date of issue, viz., January 24, 1903. Section 977, Code Civ. Proc. In the summer of 1905 the City Court promulgated a rule requiring litigants having causes on the general calendar to file a new note of issue, in order to have their cases appear upon the…
2Cases cited1 opinion
- Rauchberger v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1907