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

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 17, 1916

StatusPublished

This text of 160 N.Y.S. 1019 (Film Exchange v. United States Fidelity & Guarantee Co.) 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

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

Pincite

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.

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Bluebook (online)

160 N.Y.S. 1019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/film-exchange-v-united-states-fidelity-guarantee-co-nyappterm-1916.