W. S. Tyler Co. v. Thomas W. Finucane Co.

Appellate Division of the Supreme Court of New York

W. S. Tyler Co. v. Thomas W. Finucane Co.

90 N.Y.S. 1119

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

DecidedNovember 30, 1904

StatusPublished

This text of 90 N.Y.S. 1119 (W. S. Tyler Co. v. Thomas W. Finucane 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

W. S. Tyler Co. v. Thomas W. Finucane Co., 90 N.Y.S. 1119 (N.Y. Ct. App. 1904).

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Opinion

PER CURIAM.

Order reversed, with $10 costs and disbursements, and motion for extension of time to answer denied, upon the ground that the order appealed from amounted practically to a stay of proceedings in the action, and therefore any discretion which the court may have had to extend the time to answer was improperly exercised. The defendant is allowed 10 days from the date of service of a copy of this order, together with notice of entry thereof, in which to serve its answer.

McLENNAN, P. J., not voting.

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PER CURIAM.

Order reversed, with $10 costs and disbursements, and motion for extension of time to answer denied, upon the ground that the order appealed from amounted practically to a stay of proceedings in the action, and therefore any discretion which the court may have had to extend the time to answer was improperly exercised. The defendant is allowed 10 days from the date of service of a copy of this order, together with notice of entry thereof, in which to serve its answer.

McLENNAN, P. J., not voting.

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Bluebook (online)

90 N.Y.S. 1119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/w-s-tyler-co-v-thomas-w-finucane-co-nyappdiv-1904.