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

Appellate Division of the Supreme Court of the State of New York·Decided November 30, 1904·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

90 N.Y.S. 1119 (W. S. Tyler Co. v. Thomas W. Finucane Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.