Lifschutz v. Dramen

Appellate Division of the Supreme Court of New York

Lifschutz v. Dramen

175 A.D. 949

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

DecidedNovember 15, 1916

StatusPublished

This text of 175 A.D. 949 (Lifschutz v. Dramen) 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

Lifschutz v. Dramen, 175 A.D. 949 (N.Y. Ct. App. 1916).

Pincite

Opinion

—The plaintiff is not entitled to go to trial without paying the costs already imposed. His neglect to pay these costs has interfered with a diligent prosecution of his action. The order appealed from is so modified as to provide that the complaint be dismissed, with ten dollars costs, unless the plaintiff pay the costs heretofore imposed, and notice this ease for trial at the January, 1917, term; and as so modified the order is affirmed, without costs. Carr, Mills, Rich and Putnam, JJ., concurred; Jenks, P. J., not voting.

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—The plaintiff is not entitled to go to trial without paying the costs already imposed. His neglect to pay these costs has interfered with a diligent prosecution of his action. The order appealed from is so modified as to provide that the complaint be dismissed, with ten dollars costs, unless the plaintiff pay the costs heretofore imposed, and notice this ease for trial at the January, 1917, term; and as so modified the order is affirmed, without costs. Carr, Mills, Rich and Putnam, JJ., concurred; Jenks, P. J., not voting.

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Bluebook (online)

175 A.D. 949, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lifschutz-v-dramen-nyappdiv-1916.