Regan v. Milliken Bros.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Milliken Bros, and another, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the- clerk of the county of Kings on the 17th day of August, 1907.
1Opinion of the Court
Rich, J.:
This record presents an appeal by the defendants from an order of the Special Term denying their motion to dismiss the complaint for laches.
It is not disputed that after issue joined the plaintiff for three years has done nothing towards bringing the action to trial, and in the meantime younger.issues have been tried in their regular order. These facts, under section 822 of the Code of Civil Procedure and rule 36 of the General Buies of Practice, established a prima faoie case of unreasonable neglect and threw upon the plaintiff the burden of satisfactorily excusing the same. In the…
2Cited by7 opinions
- Armstrong v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1912
- McGee v. LevyAppellate Division of the Supreme Court of the State of New York · 1925
- Mannion v. SteffensAppellate Terms of the Supreme Court of New York · 1909
- Finn v. Scottish Union & National InsuranceAppellate Division of the Supreme Court of the State of New York · 1910
- Lerman v. MullerAppellate Division of the Supreme Court of the State of New York · 1924
2 more not listed; retrieve them via the Exa API.