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

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

DecidedDecember 16, 1938

StatusPublished

This text of 255 A.D. 997 (Schwartz v. Title Guarantee & Trust Co.) 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

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).

Pincite

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.

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Bluebook (online)

255 A.D. 997, 8 N.Y.S.2d 1005, 1938 N.Y. App. Div. LEXIS 6213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schwartz-v-title-guarantee-trust-co-nyappdiv-1938.