Stewart v. York Holding Co.

Appellate Division of the Supreme Court of New York

Stewart v. York Holding Co.

45 A.D.2d 951, 359 N.Y.S.2d 312, 1974 N.Y. App. Div. LEXIS 4073

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

DecidedSeptember 26, 1974

StatusPublished

This text of 45 A.D.2d 951 (Stewart v. York Holding 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

Stewart v. York Holding Co., 45 A.D.2d 951, 359 N.Y.S.2d 312, 1974 N.Y. App. Div. LEXIS 4073 (N.Y. Ct. App. 1974).

Pincite

Opinion

Order, Supreme Court, New York County, entered on June 4, 1973, denying plaintiffs’ motion to vacate a dismissal for nonappearance, unanimously reversed, on the law and in the exercise of discretion, without costs and without disbursements, and the case restored to the calendar. Plaintiffs’ counsel had informed the court of his actual engagement in trial of a case in Supreme Court, Nassau County. There was no intent on the part of counsel willfully, to disregard the court calendar which set the case for trial on a day certain. Under all of the circumstances, it was improvident of the Trial Justice [952]*952to dismiss the action. Concur — Nunez, J. P., Kupferman, Murphy, Tilzer and Lane, JJ.

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Order, Supreme Court, New York County, entered on June 4, 1973, denying plaintiffs’ motion to vacate a dismissal for nonappearance, unanimously reversed, on the law and in the exercise of discretion, without costs and without disbursements, and the case restored to the calendar. Plaintiffs’ counsel had informed the court of his actual engagement in trial of a case in Supreme Court, Nassau County. There was no intent on the part of counsel willfully, to disregard the court calendar which set the case for trial on a day certain. Under all of the circumstances, it was improvident of the Trial Justice [952]*952to dismiss the action. Concur — Nunez, J. P., Kupferman, Murphy, Tilzer and Lane, JJ.

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Bluebook (online)

45 A.D.2d 951, 359 N.Y.S.2d 312, 1974 N.Y. App. Div. LEXIS 4073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-york-holding-co-nyappdiv-1974.