Iosue v. City of New York
This text of 246 A.D. 554 (Iosue v. City of New York) 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.
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.
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246 A.D. 554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iosue-v-city-of-new-york-nyappdiv-1935.