Smith v. Schiller
This text of 279 A.D. 755 (Smith v. Schiller) 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.
Opinion
In our opinion the plaintiff on this record has failed to show any reasonable explanation or excuse for failure to bring the action to trial for almost three years after joinder of issue and has failed to present any showing of merits. Under such circumstances, denial of the motion to dismiss was an improvident exercise of discretion. (Giovannucci v. Brooklyn & Richmond Ferry Co., 278 App. Div. 861, and cases there cited; McIntyre v. Branner, 214 App. Div. 145.) Nolan, P. J., Carswell, Johnston, Sneed and Wenzel, JJ., concur.
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Cite This Page — Counsel Stack
279 A.D. 755, 108 N.Y.S.2d 614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-schiller-nyappdiv-1951.