Raber v. Schweitzer

Appellate Division of the Supreme Court of New York

Raber v. Schweitzer

214 A.D. 759

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1925·Published·Cited by 1 cases

Opinion

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, on the grounds that a case was made out under section 181 of the Civil Practice Act for the dismissal of the complaint for failure to proceed, inasmuch as more than ten years have elapsed since the joinder of issue without any attempt to move the case for trial and no excuse is offered for the delay. All concur. Present — Hubbs, P. J., Davis, Sears, Crouch and Taylor, JJ.

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Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, on the grounds that a case was made out under section 181 of the Civil Practice Act for the dismissal of the complaint for failure to proceed, inasmuch as more than ten years have elapsed since the joinder of issue without any attempt to move the case for trial and no excuse is offered for the delay. All concur. Present — Hubbs, P. J., Davis, Sears, Crouch and Taylor, JJ.

Raber v. Schweitzer, 214 A.D. 759 (N.Y. Ct. App. 1925).

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Opinion

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