Mitchell v. City of Yonkers
This text of 229 A.D. 788 (Mitchell v. City of Yonkers) 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.
Opinion
Order denying motion to dismiss complaint reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The plaintiff’s claim against the city is exceedingly stale. In the face of his neglect to bring on the action for trial, it would be unfair to the city to permit him to continue the action. In view of this decision, the appeals from orders dated respectively October 8, October 28 and December 27, 1929, are dismissed, without costs. Lazansky, P. J., Kapper, Carswell and Scudder, JJ., concur; Young, J., dissents.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
229 A.D. 788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-city-of-yonkers-nyappdiv-1930.