May v. Hoguet

Appellate Division of the Supreme Court of New York

May v. Hoguet

256 A.D. 825, 9 N.Y.S.2d 52, 1939 N.Y. App. Div. LEXIS 5032

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

DecidedJanuary 13, 1939

StatusPublished

This text of 256 A.D. 825 (May v. Hoguet) 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

May v. Hoguet, 256 A.D. 825, 9 N.Y.S.2d 52, 1939 N.Y. App. Div. LEXIS 5032 (N.Y. Ct. App. 1939).

Pincite

Opinion

Order granting motion to dismiss for failure to serve a complaint modified by striking therefrom the words “ unless the ease is noticed for trial for the December, 1938, Term,” and, as so modified, affirmed, without costs. In view of the existence of an order denying a motion for leave to serve a complaint and the failure of the respondent to show that the action would be diligently prosecuted, we are of opinion that the complaint should have been dismissed unconditionally. Lazansky, P. J., Hagarty, Davis, Adel and Taylor, JJ., concur.

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Order granting motion to dismiss for failure to serve a complaint modified by striking therefrom the words “ unless the ease is noticed for trial for the December, 1938, Term,” and, as so modified, affirmed, without costs. In view of the existence of an order denying a motion for leave to serve a complaint and the failure of the respondent to show that the action would be diligently prosecuted, we are of opinion that the complaint should have been dismissed unconditionally. Lazansky, P. J., Hagarty, Davis, Adel and Taylor, JJ., concur.

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Bluebook (online)

256 A.D. 825, 9 N.Y.S.2d 52, 1939 N.Y. App. Div. LEXIS 5032, Counsel Stack Legal Research, https://law.counselstack.com/opinion/may-v-hoguet-nyappdiv-1939.