Moskowitz v. Lincoln Discount Corp.

Appellate Division of the Supreme Court of New York

Moskowitz v. Lincoln Discount Corp.

251 A.D. 840, 297 N.Y.S. 794, 1937 N.Y. App. Div. LEXIS 7897

Appellate Division of the Supreme Court of the State of New York·Decided June 11, 1937·Published

Opinion

In an action for assault, false imprisonment and malicious prosecution, defendants moved to dismiss for lack of prosecution. The plaintiff, in opposition, showed that his earnings were small and were devoted to the support of his wife and children, leaving an amount insufficient to pay calendar fees. The [841]*841motion was denied on condition that plaintiff serve a note of issue and place the case on the May calendar. Order affirmed, without costs. No opinion. Lazansky, P. J., Hagarty, Davis, Johnston and Close, JJ., concur.

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In an action for assault, false imprisonment and malicious prosecution, defendants moved to dismiss for lack of prosecution. The plaintiff, in opposition, showed that his earnings were small and were devoted to the support of his wife and children, leaving an amount insufficient to pay calendar fees. The [841]*841motion was denied on condition that plaintiff serve a note of issue and place the case on the May calendar. Order affirmed, without costs. No opinion. Lazansky, P. J., Hagarty, Davis, Johnston and Close, JJ., concur.

Moskowitz v. Lincoln Discount Corp., 251 A.D. 840, 297 N.Y.S. 794, 1937 N.Y. App. Div. LEXIS 7897 (N.Y. Ct. App. 1937).

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251 A.D. 840 (Moskowitz v. Lincoln Discount Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.