Smith v. Schiller
279 A.D. 755, 108 N.Y.S.2d 614
Appellate Division of the Supreme Court of the State of New York·Decided December 10, 1951·Published·Cited by 6 cases
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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Smith v. Schiller, 279 A.D. 755, 108 N.Y.S.2d 614 (N.Y. Ct. App. 1951).
279 A.D. 755 (Smith v. Schiller) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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