Smith v. Rosenfeld

Appellate Division of the Supreme Court of New York

Smith v. Rosenfeld

3 A.D.2d 649, 158 N.Y.S.2d 760, 1957 N.Y. App. Div. LEXIS 6730

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

DecidedJanuary 15, 1957

StatusPublished

This text of 3 A.D.2d 649 (Smith v. Rosenfeld) 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

Smith v. Rosenfeld, 3 A.D.2d 649, 158 N.Y.S.2d 760, 1957 N.Y. App. Div. LEXIS 6730 (N.Y. Ct. App. 1957).

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Opinion

Order, so far as appealed from, unanimously modified so as to grant the motion to dismiss unconditionally and, as so modified, affirmed, with $20 costs and disbursements to the appellants. (See Hyde é Sons v. Boiler Derby Skate Co., 1 A D 2d, 942.) The clerk is directed to enter judgment in favor of the defendants dismissing the complaint for failure to prosecute, with costs. No opinion. Concur — Peek, P. J., Breitel, Botein, Valente and Bergan, JJ.

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Order, so far as appealed from, unanimously modified so as to grant the motion to dismiss unconditionally and, as so modified, affirmed, with $20 costs and disbursements to the appellants. (See Hyde é Sons v. Boiler Derby Skate Co., 1 A D 2d, 942.) The clerk is directed to enter judgment in favor of the defendants dismissing the complaint for failure to prosecute, with costs. No opinion. Concur — Peek, P. J., Breitel, Botein, Valente and Bergan, JJ.

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Bluebook (online)

3 A.D.2d 649, 158 N.Y.S.2d 760, 1957 N.Y. App. Div. LEXIS 6730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-rosenfeld-nyappdiv-1957.