Calak v. Posner

Appellate Division of the Supreme Court of New York

Calak v. Posner

250 A.D. 867, 297 N.Y.S. 153, 1937 N.Y. App. Div. LEXIS 9483

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

DecidedApril 26, 1937

StatusPublished

This text of 250 A.D. 867 (Calak v. Posner) 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

Calak v. Posner, 250 A.D. 867, 297 N.Y.S. 153, 1937 N.Y. App. Div. LEXIS 9483 (N.Y. Ct. App. 1937).

Pincite

Opinion

Order dismissing the complaint for lack of prosecution, and the judgment entered thereon, reversed on the law and the facts, without costs, the motion denied, and the ease ordered on the May term calendar for trial. The facts disclosed in the record indicate that the plaintiff should not be denied her day in court because of the neglect of her attorney. Lazansky, P. J., Carswell, Davis and Close, JJ., concur; Adel, J., dissents and votes for affirmance, being of opinion that it cannot be said that the court’s exercise of discretion was improper.

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Order dismissing the complaint for lack of prosecution, and the judgment entered thereon, reversed on the law and the facts, without costs, the motion denied, and the ease ordered on the May term calendar for trial. The facts disclosed in the record indicate that the plaintiff should not be denied her day in court because of the neglect of her attorney. Lazansky, P. J., Carswell, Davis and Close, JJ., concur; Adel, J., dissents and votes for affirmance, being of opinion that it cannot be said that the court’s exercise of discretion was improper.

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Bluebook (online)

250 A.D. 867, 297 N.Y.S. 153, 1937 N.Y. App. Div. LEXIS 9483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calak-v-posner-nyappdiv-1937.