Corcoran v. Miller

Appellate Terms of the Supreme Court of New York

Corcoran v. Miller

145 N.Y.S. 934

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 26, 1914

StatusPublished

This text of 145 N.Y.S. 934 (Corcoran v. Miller) 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.

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Corcoran v. Miller, 145 N.Y.S. 934 (N.Y. Ct. App. 1914).

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Opinions

BIJUR, J.

This case was placed upon the calendar and noticed for trial by plaintiff five years after issue joined, and long after junior issues had been tried. Defendant waited for about a year thereafter before making this motion. Plaintiff claims that defendant is barred by laches from succeeding on this motion. All, however, that can be maintained on that score is that the court should have taken defendant’s delay into consideration; and I see no reason for disturbing the judge’s exercise of his discretion under the circumstances.

The order should be affirmed, with $10 costs and disbursements.

PAGE, J., concurs.

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BIJUR, J.

This case was placed upon the calendar and noticed for trial by plaintiff five years after issue joined, and long after junior issues had been tried. Defendant waited for about a year thereafter before making this motion. Plaintiff claims that defendant is barred by laches from succeeding on this motion. All, however, that can be maintained on that score is that the court should have taken defendant’s delay into consideration; and I see no reason for disturbing the judge’s exercise of his discretion under the circumstances.

The order should be affirmed, with $10 costs and disbursements.

PAGE, J., concurs.

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145 N.Y.S. 934, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corcoran-v-miller-nyappterm-1914.

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