First National Bank of Nutley, N. J. v. Commercial Casualty Insurance

Appellate Division of the Supreme Court of New York

First National Bank of Nutley, N. J. v. Commercial Casualty Insurance

262 A.D. 794, 27 N.Y.S.2d 481, 1941 N.Y. App. Div. LEXIS 5872

Appellate Division of the Supreme Court of the State of New York·Decided May 14, 1941·Published

Opinion

The trial of this cause and" the determination as to the ownership of a fund of about $20,000 in the hands of the State Comptroller have been delayed for years. A mistrial was granted because the attorney for appellant failed to keep his agreement following a request by the court to present some eighty-four exhibits to the attorneys for other parties for examination. It was the desire of the court that the exhibits should be offered en masse and objections taken in a like manner in order to expedite the trial. No adequate explanation for the failure is given. Costs were properly assessed against his client. Order unanimously affirmed, with costs. Present — Hill, P. J., Bliss, Heffeman, Schenck and Foster, JJ.

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The trial of this cause and" the determination as to the ownership of a fund of about $20,000 in the hands of the State Comptroller have been delayed for years. A mistrial was granted because the attorney for appellant failed to keep his agreement following a request by the court to present some eighty-four exhibits to the attorneys for other parties for examination. It was the desire of the court that the exhibits should be offered en masse and objections taken in a like manner in order to expedite the trial. No adequate explanation for the failure is given. Costs were properly assessed against his client. Order unanimously affirmed, with costs. Present — Hill, P. J., Bliss, Heffeman, Schenck and Foster, JJ.

First National Bank of Nutley, N. J. v. Commercial Casualty Insurance, 262 A.D. 794, 27 N.Y.S.2d 481, 1941 N.Y. App. Div. LEXIS 5872 (N.Y. Ct. App. 1941).

Pincite

262 A.D. 794 (First National Bank of Nutley, N. J. v. Commercial Casualty Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.