Carbonel v. Ocasio
New York Supreme Court
1Opinion of the Court
J.
Motion to dismiss this action for lack of prosecution. For reasons fully set forth in the answering affidavit plaintiff’s attorney explains that when the Civil Court came into existence and because the jurisdiction of that court was $10,000 it was decided to transfer the action to that court instead of filing a note of issue in this court. Due to the fact that the plaintiff was out of the country there was delay in taking this step because plaintiff’s attorney did not feel warranted in so proceeding without the consent of the plaintiff. Am important consideration in the disposition of this…
2Cases cited4 opinions
- Mladinich v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1906
- Adriance v. CliffordAppellate Division of the Supreme Court of the State of New York · 1951
- Majestic Refrigerator Corp. v. StassouAppellate Division of the Supreme Court of the State of New York · 1954
- Organized Planning Co. v. Northeastern Life InsuranceNew York Supreme Court · 1961
3Cited by5 opinions
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- Taylor v. EdwardsNew York Supreme Court · 1966
- Celentano v. Furci's Restaurant Bar & GrillNew York Supreme Court · 1966
- Kasiuba v. New York Times Co.New York Supreme Court · 1966