Schwartz v. Title Guarantee & Trust Co.

Appellate Division of the Supreme Court of New York

Schwartz v. Title Guarantee & Trust Co.

255 A.D. 997, 8 N.Y.S.2d 1005, 1938 N.Y. App. Div. LEXIS 6213

Appellate Division of the Supreme Court of the State of New York·Decided December 16, 1938·Published

Opinion

Order granting the defendant’s motion to dismiss the complaint for failure to prosecute and order denying plaintiff’s motion to restore the case to the trial calendar reversed on the facts, with ten dollars costs and disbursements, the motion to dismiss denied and the motion to restore granted, without costs; case restored to calendar and to be brought on for trial during the January, 1939, term on five days’ notice. Under the facts and circumstances peculiar to this case, we are of opinion that the plaintiff is entitled to a trial. Lazansky, P. J., Davis, Adel, Taylor and Close, JJ., concur.

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Order granting the defendant’s motion to dismiss the complaint for failure to prosecute and order denying plaintiff’s motion to restore the case to the trial calendar reversed on the facts, with ten dollars costs and disbursements, the motion to dismiss denied and the motion to restore granted, without costs; case restored to calendar and to be brought on for trial during the January, 1939, term on five days’ notice. Under the facts and circumstances peculiar to this case, we are of opinion that the plaintiff is entitled to a trial. Lazansky, P. J., Davis, Adel, Taylor and Close, JJ., concur.

Schwartz v. Title Guarantee & Trust Co., 255 A.D. 997, 8 N.Y.S.2d 1005, 1938 N.Y. App. Div. LEXIS 6213 (N.Y. Ct. App. 1938).

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255 A.D. 997 (Schwartz v. Title Guarantee & Trust Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.