Bush Terminal Co. v. City of New York

Appellate Division of the Supreme Court of New York

Bush Terminal Co. v. City of New York

241 A.D. 872

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 15, 1934

StatusPublished

This text of 241 A.D. 872 (Bush Terminal Co. v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bush Terminal Co. v. City of New York, 241 A.D. 872 (N.Y. Ct. App. 1934).

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Opinion

Order granting defendant’s motion to dismiss the complaint for unreasonably failing to prosecute the action reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Upon the facts and circumstances shown, we think the plaintiff is not chargeable with unreasonably neglecting to proceed. The defendant is chargeable with responsibility for some of the delay. Hagarty, Scudder and Tompkins, JJ., concur; Lazansky, P. J., and Kapper, J., dissent and vote to affirm.

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Order granting defendant’s motion to dismiss the complaint for unreasonably failing to prosecute the action reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Upon the facts and circumstances shown, we think the plaintiff is not chargeable with unreasonably neglecting to proceed. The defendant is chargeable with responsibility for some of the delay. Hagarty, Scudder and Tompkins, JJ., concur; Lazansky, P. J., and Kapper, J., dissent and vote to affirm.

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Bluebook (online)

241 A.D. 872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bush-terminal-co-v-city-of-new-york-nyappdiv-1934.