Gellman v. Coulawtas

Appellate Division of the Supreme Court of New York

Gellman v. Coulawtas

253 A.D. 910, 2 N.Y.S.2d 176, 1938 N.Y. App. Div. LEXIS 9220

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

DecidedFebruary 18, 1938

StatusPublished

Cited by3 cases

This text of 253 A.D. 910 (Gellman v. Coulawtas) 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

Gellman v. Coulawtas, 253 A.D. 910, 2 N.Y.S.2d 176, 1938 N.Y. App. Div. LEXIS 9220 (N.Y. Ct. App. 1938).

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Opinion

Order denying motion to dismiss an action for failure to prosecute, on conditions, reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, without costs. In our opinion, a delay of well over two years after joinder of issue, during which time a cause of action has not been noticed for trial, and without any excuse therefor, requires dismissal. Lazansky, P. J., Hagarty, Davis, Johnston and Close, JJ., concur.

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Order denying motion to dismiss an action for failure to prosecute, on conditions, reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, without costs. In our opinion, a delay of well over two years after joinder of issue, during which time a cause of action has not been noticed for trial, and without any excuse therefor, requires dismissal. Lazansky, P. J., Hagarty, Davis, Johnston and Close, JJ., concur.

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Bluebook (online)

253 A.D. 910, 2 N.Y.S.2d 176, 1938 N.Y. App. Div. LEXIS 9220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gellman-v-coulawtas-nyappdiv-1938.

Opinion

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