Kelly v. George Leary Construction Co.

Appellate Division of the Supreme Court of New York

Kelly v. George Leary Construction Co.

237 A.D. 834

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

DecidedDecember 15, 1932

StatusPublished

This text of 237 A.D. 834 (Kelly v. George Leary Construction Co.) 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

Kelly v. George Leary Construction Co., 237 A.D. 834 (N.Y. Ct. App. 1932).

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Opinion

Order reversed on the law and the facts, with ten dollars costs and disbursements, and defendant’s motion to dismiss the complaint for lack of prosecution granted, with ten dollars costs. In our opinion, the plaintiff’s failure to restore the cause to the trial calendar between March 10, 1926, and August 23, 1932, was unreasonable and without justification. Lazansky, P. J., Young, Carswell and Tompkins, JJ., concur; Scudder, J., not voting.

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Order reversed on the law and the facts, with ten dollars costs and disbursements, and defendant’s motion to dismiss the complaint for lack of prosecution granted, with ten dollars costs. In our opinion, the plaintiff’s failure to restore the cause to the trial calendar between March 10, 1926, and August 23, 1932, was unreasonable and without justification. Lazansky, P. J., Young, Carswell and Tompkins, JJ., concur; Scudder, J., not voting.

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Bluebook (online)

237 A.D. 834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-george-leary-construction-co-nyappdiv-1932.