McGee v. Levy

Appellate Division of the Supreme Court of New York

McGee v. Levy

215 A.D. 720

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

DecidedNovember 15, 1925

StatusPublished

Cited by5 cases

This text of 215 A.D. 720 (McGee v. Levy) 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

McGee v. Levy, 215 A.D. 720 (N.Y. Ct. App. 1925).

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Opinion

Order denying defendant’s motion to dismiss complaint for failure to prosecute reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. PL'intiff has failed to sustain the burden of satisfactorily explaining his neglect to proceed with the trial of the action, and the discretion [721]*721of the learned Special Term under the circumstances was improperly exercised. (Regan v. Milliken Bros., 123 App. Div. 72, 73.) Kelly, P. J., Rich, Jaycox and Young, JJ., concur; Kapper, J., absent and not voting.

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Order denying defendant’s motion to dismiss complaint for failure to prosecute reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. PL'intiff has failed to sustain the burden of satisfactorily explaining his neglect to proceed with the trial of the action, and the discretion [721]*721of the learned Special Term under the circumstances was improperly exercised. (Regan v. Milliken Bros., 123 App. Div. 72, 73.) Kelly, P. J., Rich, Jaycox and Young, JJ., concur; Kapper, J., absent and not voting.

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Bluebook (online)

215 A.D. 720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgee-v-levy-nyappdiv-1925.

Opinion

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