Weiner v. Albee Godfrey Whale Creek Co.

Appellate Division of the Supreme Court of New York

Weiner v. Albee Godfrey Whale Creek Co.

235 A.D. 747

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

DecidedMarch 15, 1932

StatusPublished

This text of 235 A.D. 747 (Weiner v. Albee Godfrey Whale Creek 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

Weiner v. Albee Godfrey Whale Creek Co., 235 A.D. 747 (N.Y. Ct. App. 1932).

Pincite

Opinion

Order, as resettled, granting motion of respondent to dismiss plaintiff’s complaint for lack of prosecution and judgment entered reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, without costs. We are of opinion that upon the facts presented plaintiff should be permitted to try his case. The appeal from the order denying motion to reconsider said motion to dismiss is dismissed as not appealable. Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.

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Order, as resettled, granting motion of respondent to dismiss plaintiff’s complaint for lack of prosecution and judgment entered reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, without costs. We are of opinion that upon the facts presented plaintiff should be permitted to try his case. The appeal from the order denying motion to reconsider said motion to dismiss is dismissed as not appealable. Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.

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Bluebook (online)

235 A.D. 747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weiner-v-albee-godfrey-whale-creek-co-nyappdiv-1932.