Nickerson v. Brown

Appellate Division of the Supreme Court of New York

Nickerson v. Brown

5 A.D.2d 688, 169 N.Y.S.2d 435, 1957 N.Y. App. Div. LEXIS 3620

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

DecidedDecember 16, 1957

StatusPublished

This text of 5 A.D.2d 688 (Nickerson v. Brown) 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

Nickerson v. Brown, 5 A.D.2d 688, 169 N.Y.S.2d 435, 1957 N.Y. App. Div. LEXIS 3620 (N.Y. Ct. App. 1957).

Pincite

Opinion

In an action for an accounting and for other relief, the appeal is from an order denying a motion to dismiss the complaint, pursuant to section 181 of the Civil Practice Act and rule 156 of the Rules of Civil Practice, for failure diligently to prosecute the action. Order affirmed, with $10 costs and disbursements. No opinion.

Beldoek, Hallinan and Kleinfeld, JJ., concur; Nolan, P. J., and Murphy, J., dissent and vote to reverse the order and to grant the motion on the ground that it was, on the facts presented, an improvident exercise of discretion to have denied the motion.

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In an action for an accounting and for other relief, the appeal is from an order denying a motion to dismiss the complaint, pursuant to section 181 of the Civil Practice Act and rule 156 of the Rules of Civil Practice, for failure diligently to prosecute the action. Order affirmed, with $10 costs and disbursements. No opinion.

Beldoek, Hallinan and Kleinfeld, JJ., concur; Nolan, P. J., and Murphy, J., dissent and vote to reverse the order and to grant the motion on the ground that it was, on the facts presented, an improvident exercise of discretion to have denied the motion.

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Bluebook (online)

5 A.D.2d 688, 169 N.Y.S.2d 435, 1957 N.Y. App. Div. LEXIS 3620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nickerson-v-brown-nyappdiv-1957.