Rosenberg v. Pubnico Realty Corp.

Appellate Division of the Supreme Court of New York

Rosenberg v. Pubnico Realty Corp.

258 A.D. 1090, 18 N.Y.S.2d 26, 1940 N.Y. App. Div. LEXIS 8996

Appellate Division of the Supreme Court of the State of New York·Decided February 26, 1940·Published·Cited by 3 cases

Opinion

—Order granting motion to dismiss an action for failure to prosecute modified by striking therefrom the words “ unless the plaintiff causes the ease to be placed on the calendar for the December, 1939, term of this court for trial, and pays the sum of Ten Dollars ($10) costs to the defendant;” and, as thus modified, the order is affirmed, with ten dollars costs and disbursements to the appellant. (Farber v. Broadco Holding Corp., 256 App. Div. 833; Gellman v. Coulawtas, 253 id. 910; Wheeler v. Duell, 230 id. 392.) Lazansky, P. J., Hagarty, Adel, Taylor .tod Close, JJ., concur.

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—Order granting motion to dismiss an action for failure to prosecute modified by striking therefrom the words “ unless the plaintiff causes the ease to be placed on the calendar for the December, 1939, term of this court for trial, and pays the sum of Ten Dollars ($10) costs to the defendant;” and, as thus modified, the order is affirmed, with ten dollars costs and disbursements to the appellant. (Farber v. Broadco Holding Corp., 256 App. Div. 833; Gellman v. Coulawtas, 253 id. 910; Wheeler v. Duell, 230 id. 392.) Lazansky, P. J., Hagarty, Adel, Taylor .tod Close, JJ., concur.

Rosenberg v. Pubnico Realty Corp., 258 A.D. 1090, 18 N.Y.S.2d 26, 1940 N.Y. App. Div. LEXIS 8996 (N.Y. Ct. App. 1940).

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