Zafarano v. Baird
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William P. Baird, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 5th day of January, 1903, denying the defendant’s motion for the dismissal of the action on the ground of plaintiff’s unreasonable neglect to prosecute the same.
1Opinion of the Court
Laughlin, J.:
The action was brought to recover damages for personal injuries alleged to have been sustained by the plaintiff through the negligence of the defendant. The summons was served on the 27th day of July, 1897, and issue was joined on the 8th day of October of the same year. On the 29th day of October, 1897, the plaintiff noticed the action for trial for the following December term, and the defendant also noticed it for trial at that term. The plaintiff failed to file a note of issue for the term for which he noticed the case for trial, or for any subsequent term, and it has never…
2Cases cited1 opinion
- Seymour v. Lake Shore & Michigan Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by8 opinions
- Mladinich v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1906
- Holtzoff v. Dodge & Olcott Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Anderson v. V. J. Hedden & Sons Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Mannion v. SteffensAppellate Terms of the Supreme Court of New York · 1909
- St. Paul's Church v. Mt. Vernon Suburban Land Co.Appellate Division of the Supreme Court of the State of New York · 1907
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