Legal Opinion
Neiman-Marcus Co. v. Lait
District Court, S.D. New York
Decided April 16, 1953PublishedCited by 8 opinions
1Opinion of the Court
DIMOCK, District Judge.
In this libel action defendants Lait and Mortimer move (1) to vacate a notice by plaintiffs that they dismiss the action against the other defendants, and (2) to strike out the third amended complaint and stay all proceedings founded on it.
Plaintiffs and the other defendants oppose the motion.
None of the defendants have answered.
The third amended complaint followed the notice of partial dismissal in that it eliminated any claims against the defendants as to whom the notice purported to dismiss.
A partial dismissal cannot be effected by mere notice. Rule 41 (a) of the…
2Cases cited12 opinions
- Harvey Aluminum, Inc. v. American Cyanamid Co.Court of Appeals for the Second Circuit · 1953
- Fox v. Western New York Motor Lines, Inc.New York Court of Appeals · 1931
- Brown v. CranstonCourt of Appeals for the Second Circuit · 1942
- Ward v. Iroquois Gas Corp.New York Court of Appeals · 1932
- Cloud v. MartinAppellate Division of the Supreme Court of the State of New York · 1947
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Plains Growers, Inc. v. Ickes-Braun Glasshouses, Inc.Court of Appeals for the Fifth Circuit · 1973
- Plains Growers, Inc. v. Ickes-Braun Glasshouses, Inc.Court of Appeals for the Fifth Circuit · 1973
- Altman v. Liberty Equities Corp.District Court, S.D. New York · 1972
- Geiger & Peters, Inc. v. American Fletcher National Bank & Trust Co.Indiana Court of Appeals · 1981
- Shannon v. McBrideDistrict Court of Appeal of Florida · 1958
3 more not listed; retrieve them via the Exa API.