Film Exchange v. United States Fidelity & Guarantee Co.

Appellate Terms of the Supreme Court of New York

Film Exchange v. United States Fidelity & Guarantee Co.

160 N.Y.S. 1019

Appellate Terms of the Supreme Court of New York·Decided October 17, 1916·Published

Opinion

SHEARN, J.

It clearly appears that the delay complained of was solicited by the defendant and was secured under promises that were never fulfilled; further, that defendant’s attorneys rewarded the consent of plaintiff’s counsel for one final week of delay by utilizing the time to bring on a motion to dismiss for failure to prosecute.

The order of dismissal is reversed, with $10 costs and disbursements, and motion denied, with $10 costs. All concur.

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SHEARN, J.

It clearly appears that the delay complained of was solicited by the defendant and was secured under promises that were never fulfilled; further, that defendant’s attorneys rewarded the consent of plaintiff’s counsel for one final week of delay by utilizing the time to bring on a motion to dismiss for failure to prosecute.

The order of dismissal is reversed, with $10 costs and disbursements, and motion denied, with $10 costs. All concur.

Film Exchange v. United States Fidelity & Guarantee Co., 160 N.Y.S. 1019 (N.Y. Ct. App. 1916).

Pincite

160 N.Y.S. 1019 (Film Exchange v. United States Fidelity & Guarantee Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.