Frooks v. Clurman

Appellate Division of the Supreme Court of New York

Frooks v. Clurman

261 A.D. 1097, 27 N.Y.S.2d 34, 1941 N.Y. App. Div. LEXIS 8955

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 21, 1941

StatusPublished

This text of 261 A.D. 1097 (Frooks v. Clurman) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Frooks v. Clurman, 261 A.D. 1097, 27 N.Y.S.2d 34, 1941 N.Y. App. Div. LEXIS 8955 (N.Y. Ct. App. 1941).

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Opinion

Order granting the motion of respondent Clurman to dismiss the complaint against him for failure to prosecute, unless plaintiff proceeds to trial on the day specified in the order, or on such date thereafter as the court may direct, affirmed, with ten dollars costs and disbursements. This court condemns the legal jugglery practiced by both parties, which has resulted in a trial on the merits being deferred for over nine years. Respondent should pay the costs awarded by the order entered January 27, 1931, less the costs awarded by this court on January 13, 1932, on the affirmance of the order [235 App. Div. 623], and less the costs and disbursements awarded on this appeal, and this case should be noticed for trial at any early date. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.

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Order granting the motion of respondent Clurman to dismiss the complaint against him for failure to prosecute, unless plaintiff proceeds to trial on the day specified in the order, or on such date thereafter as the court may direct, affirmed, with ten dollars costs and disbursements. This court condemns the legal jugglery practiced by both parties, which has resulted in a trial on the merits being deferred for over nine years. Respondent should pay the costs awarded by the order entered January 27, 1931, less the costs awarded by this court on January 13, 1932, on the affirmance of the order [235 App. Div. 623], and less the costs and disbursements awarded on this appeal, and this case should be noticed for trial at any early date. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.

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Bluebook (online)

261 A.D. 1097, 27 N.Y.S.2d 34, 1941 N.Y. App. Div. LEXIS 8955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frooks-v-clurman-nyappdiv-1941.