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

Procedural entryThis page is a short order in Bush Terminal Co. v. City of New York. Read the opinion of the Court — 234 A.D. 721 →

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1934·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

241 A.D. 872 (Bush Terminal Co. v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.