Iosue v. City of New York

Appellate Division of the Supreme Court of New York

Iosue v. City of New York

246 A.D. 554

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1935·Published

Opinion

Action to recover damages for personal injuries, commenced in December, 1927, and marked off the calendar in 1930 and never restored. On the defendant’s motion to dismiss the complaint for lack of prosecution, the plaintiff failed to furnish any plausible excuse for the unreasonable delay. Order granting reargument and on reargument denying motion to dismiss reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Lazansky, P. J., Seudder, Tompkins and Davis, JJ., concur; Johnston, J., dissents and votes to affirm.

Free access — add to your briefcase to read the full text and ask questions with AI

Action to recover damages for personal injuries, commenced in December, 1927, and marked off the calendar in 1930 and never restored. On the defendant’s motion to dismiss the complaint for lack of prosecution, the plaintiff failed to furnish any plausible excuse for the unreasonable delay. Order granting reargument and on reargument denying motion to dismiss reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Lazansky, P. J., Seudder, Tompkins and Davis, JJ., concur; Johnston, J., dissents and votes to affirm.

Iosue v. City of New York, 246 A.D. 554 (N.Y. Ct. App. 1935).

Pincite

246 A.D. 554 (Iosue v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.