Toher v. Lochinvar Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term. Action by Owen Toher against the Lochinvar Realty Company and' Others. From an order denying a motion to dismiss the complaint for neglect to prosecute, the Lochinvar Realty Company appeals. Reversed, and motion granted.
1Opinion of the CourtLaughlin, J.
This is an action to foreclose a mechanic’s lien, filed against real estate owned by the appellant. The notice of lien was filed on the 10th day of July, 1902, and the action was commenced on the 20th day of September thereafter. Issue was joined as against appellant on the 29th day of October, 1902. The issues were not noticed for trial by either party until the 11th day of July, 1905, when they were duly noticed for trial by the plaintiff for the Special Term commencing on the first Monday of October thereafter, and appellant duly served cross-notice of trial for the same time. On the 9th…
2Cases cited5 opinions
- Seymour v. Lake Shore & Michigan Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Zafarano v. BairdAppellate Division of the Supreme Court of the State of New York · 1903
- Seymour v. Lake Shore & Michigan Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Anderson v. V. J. Hedden & Sons Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Zafarano v. BairdAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by2 opinions
- Wheeler v. DuellAppellate Division of the Supreme Court of the State of New York · 1930
- Mannion v. SteffensAppellate Terms of the Supreme Court of New York · 1909