McGee v. Levy

Appellate Division of the Supreme Court of New York

McGee v. Levy

215 A.D. 720

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1925·Published·Cited by 5 cases

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] of 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] of 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.

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

Pincite

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Opinion

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