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

Appellate Division of the Supreme Court of the State of New York·Decided September 26, 1974·Published

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] to 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] to dismiss the action. Concur — Nunez, J. P., Kupferman, Murphy, Tilzer and Lane, JJ.

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

45 A.D.2d 951 (Stewart v. York Holding Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.