Legal Opinion
Friedlander v. Roxy Theatre, Inc.
New York Supreme Court
Decided September 16, 1953PublishedCited by 11 opinions
1Opinion of the CourtMatthew M. Levy, J.
The defendant moves to dismiss for lack of diligent prosecution. The action is in negligence. The plaintiffs are the wife and the husband (the latter derivatively). The accident occurred on January 2, 1949. The action was commenced on December 10, 1949, and issue was joined on December 27, 1949. The plaintiffs did not notice the cause for trial until after the making of the present motion; and now the matter has been placed upon the calendar for the September 1953 term of this court.
Belated diligence — subsequent to the motion to dismiss — does not excuse past neglect (Giovannucci v. Brooklyn…
2Cases cited12 opinions
- Giovannucci v. Brooklyn & Richmond Ferry Co.Appellate Division of the Supreme Court of the State of New York · 1951
- Hart v. BlabeyNew York Court of Appeals · 1941
- Armstrong v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Holtzoff v. Dodge & Olcott Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Farber v. Broadco Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1939
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Friedlander v. Roxy Theatre, Inc.Appellate Division of the Supreme Court of the State of New York · 1954
- Mangrelli v. Italian LineNew York Supreme Court · 1955
- Butts v. MarxCivil Court of the City of New York · 1990
- Holder v. New York City Transit AuthorityNew York Supreme Court · 1956
- Muller v. National Transportation Co.New York Supreme Court · 1958
6 more not listed; retrieve them via the Exa API.