Stevenson v. Diamond Fuel Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, D. M. Stevenson and others, 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 20th day of June, 1921, denying plaintiffs’ motion for a discontinuance of the action, and also from an order entered in said clerk’s office on the 23d day of August, 1921, denying plaintiffs’ motion to strike out a paper purporting to be an answer with counterclaim.
1Opinion of the Court
Page, J.:
This action was commenced by the personal service of a summons, with notice that, upon defendants’ default to appear and answer, judgment would be taken against them for the sum of $20,347.89 with interest from December 7, 1920. The defendants appeared by separate attorneys and demanded the service of copies of the complaint and all other papers in the action.’ Before any complaint had been served or filed in the action, the plaintiffs moved for leave to discontinue the action upon payment of costs of the action to date and the costs of that motion. Before the return date of the…
2Cases cited2 opinions
- Matter of Petition of ButlerNew York Court of Appeals · 1886
- Nosrep Corp. v. Clinton Securities Corp.Appellate Division of the Supreme Court of the State of New York · 1920
3Cited by9 opinions
- Louis R. Shapiro, Inc. v. Milspemes Corp.Appellate Division of the Supreme Court of the State of New York · 1964
- Edelman v. EdelmanNew York Supreme Court · 1976
- Gentilala v. Fay Taxicabs, Inc.Appellate Division of the Supreme Court of the State of New York · 1925
- Kevorkian v. HarringtonNew York Supreme Court · 1993
- Towers v. TowersNew York Supreme Court · 1960
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