McConnell v. McConnell

Appellate Division of the Supreme Court of New York

McConnell v. McConnell

282 A.D. 960, 126 N.Y.S.2d 198, 1953 N.Y. App. Div. LEXIS 5573

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

DecidedNovember 23, 1953

StatusPublished

Cited by1 cases

This text of 282 A.D. 960 (McConnell v. McConnell) 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

McConnell v. McConnell, 282 A.D. 960, 126 N.Y.S.2d 198, 1953 N.Y. App. Div. LEXIS 5573 (N.Y. Ct. App. 1953).

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Opinion

In an action for separation, defendant withdrew his answer at the time the ease came on for trial on February 19, 1951. However, judgment of separation was never entered, although the court had granted plaintiff’s motion for judgment at the conclusion of the trial. In June, 1953, defendant moved under rule 302 of the Rules of Civil Practice to dismiss the complaint for failure to prosecute, or, in the alternative, to vacate the inquest taken on February 19, 1951, and to restore the case to the calendar for trial. The alternative relief was granted on certain conditions. Thereupon plaintiff moved for reargument, which was granted, but the original decision adhered to. Plaintiff appeals from both orders. Order on reargument affirmed, without costs. No opinion. Appeal from original order dismissed, without costs. Nolan, P. J., Adel, Wenzel, Schmidt and Beldock, J.J., concur.

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In an action for separation, defendant withdrew his answer at the time the ease came on for trial on February 19, 1951. However, judgment of separation was never entered, although the court had granted plaintiff’s motion for judgment at the conclusion of the trial. In June, 1953, defendant moved under rule 302 of the Rules of Civil Practice to dismiss the complaint for failure to prosecute, or, in the alternative, to vacate the inquest taken on February 19, 1951, and to restore the case to the calendar for trial. The alternative relief was granted on certain conditions. Thereupon plaintiff moved for reargument, which was granted, but the original decision adhered to. Plaintiff appeals from both orders. Order on reargument affirmed, without costs. No opinion. Appeal from original order dismissed, without costs. Nolan, P. J., Adel, Wenzel, Schmidt and Beldock, J.J., concur.

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Bluebook (online)

282 A.D. 960, 126 N.Y.S.2d 198, 1953 N.Y. App. Div. LEXIS 5573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcconnell-v-mcconnell-nyappdiv-1953.

Opinion

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