Newton v. Scott

Appellate Division of the Supreme Court of New York

Newton v. Scott

248 A.D. 943, 290 N.Y.S. 448, 1936 N.Y. App. Div. LEXIS 8148

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

DecidedOctober 9, 1936

StatusPublished

This text of 248 A.D. 943 (Newton v. Scott) 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

Newton v. Scott, 248 A.D. 943, 290 N.Y.S. 448, 1936 N.Y. App. Div. LEXIS 8148 (N.Y. Ct. App. 1936).

Pincite

Opinion

Order reversed on the facts as a matter of discretion, with ten dollars costs and disbursements. Memorandum: We regard the stipulation extending plaintiff’s time to serve a complaint until twenty days after the attorney for respondent should have served a written demand therefor, and the failure by the respondent to serve such a demand at any time, as sufficient to absolve the plaintiff committee from the charge of unreasonable neglect to proceed in the action within section 181 of the Civil Practice Act. All concur. (The order grants a motion to dismiss the complaint for neglect in prosecuting the action brought to recover money which it is alleged was wrongfully permitted to be withdrawn,) Present — Sears, P. J., Taylor, Thompson, Crosby and Lewis, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order reversed on the facts as a matter of discretion, with ten dollars costs and disbursements. Memorandum: We regard the stipulation extending plaintiff’s time to serve a complaint until twenty days after the attorney for respondent should have served a written demand therefor, and the failure by the respondent to serve such a demand at any time, as sufficient to absolve the plaintiff committee from the charge of unreasonable neglect to proceed in the action within section 181 of the Civil Practice Act. All concur. (The order grants a motion to dismiss the complaint for neglect in prosecuting the action brought to recover money which it is alleged was wrongfully permitted to be withdrawn,) Present — Sears, P. J., Taylor, Thompson, Crosby and Lewis, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

248 A.D. 943, 290 N.Y.S. 448, 1936 N.Y. App. Div. LEXIS 8148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newton-v-scott-nyappdiv-1936.