Caudle v. City of New York

Appellate Terms of the Supreme Court of New York

Caudle v. City of New York

5 Misc. 2d 941, 158 N.Y.S.2d 822, 1956 N.Y. Misc. LEXIS 1365

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 29, 1956

StatusPublished

This text of 5 Misc. 2d 941 (Caudle v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Caudle v. City of New York, 5 Misc. 2d 941, 158 N.Y.S.2d 822, 1956 N.Y. Misc. LEXIS 1365 (N.Y. Ct. App. 1956).

Pincite

Opinion

Per Curiam.

No reasonable excuse for the failure to prosecute the action with diligence was shown. In the circumstances, the denial of the motion to dismiss for failure to proceed with diligence was an improvident exercise of discretion (Hyde & Sons v. Roller Derby Skate Co., 1 A D 2d 942).

The order should be reversed, with $10 costs and disbursements, and motion granted. Appeal from order dated April 17, 1955 dismissed.

Hoestadter, Aurelio and Tilzer, JJ., concur.

Order reversed, etc.

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

Per Curiam.

No reasonable excuse for the failure to prosecute the action with diligence was shown. In the circumstances, the denial of the motion to dismiss for failure to proceed with diligence was an improvident exercise of discretion (Hyde & Sons v. Roller Derby Skate Co., 1 A D 2d 942).

The order should be reversed, with $10 costs and disbursements, and motion granted. Appeal from order dated April 17, 1955 dismissed.

Hoestadter, Aurelio and Tilzer, JJ., concur.

Order reversed, etc.

Cite This Page — Counsel Stack

Bluebook (online)

5 Misc. 2d 941, 158 N.Y.S.2d 822, 1956 N.Y. Misc. LEXIS 1365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caudle-v-city-of-new-york-nyappterm-1956.