Willwerth v. Sterling Fire Insurance

Appellate Division of the Supreme Court of New York

Willwerth v. Sterling Fire Insurance

283 A.D. 979, 130 N.Y.S.2d 628, 1954 N.Y. App. Div. LEXIS 5989

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

DecidedMay 19, 1954

StatusPublished

This text of 283 A.D. 979 (Willwerth v. Sterling Fire Insurance) 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

Willwerth v. Sterling Fire Insurance, 283 A.D. 979, 130 N.Y.S.2d 628, 1954 N.Y. App. Div. LEXIS 5989 (N.Y. Ct. App. 1954).

Pincite

Opinion

Appeal from an order of the Supreme Court, Special Term, Schoharie County, which denied a motion pursuant to section 181 of the Civil Practice Act and rule 156 of the Rules of Civil Practice, to dismiss the complaint herein for failure to prosecute. The action was based upon a policy of insurance against automobile collision damage and was commenced by the service of a bare summons on February 11, 1949. The ease appeared on the trial calendar in Schoharie County at several terms although no complaint had been served. The complaint was apparently finally served some time in March, 1953. Although a considerable period of time elapsed between the date when the summons was served and the time when the complaint was finally served, no motion was made by the defendant for dismissal of the action. We do not find that the Special Term abused its discretion in refusing to grant the motion to dismiss. Order unanimously affirmed, with $10 costs. Present — Foster, F. J., Bergan, Coon, Halpern and Imrie, JJ.

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Appeal from an order of the Supreme Court, Special Term, Schoharie County, which denied a motion pursuant to section 181 of the Civil Practice Act and rule 156 of the Rules of Civil Practice, to dismiss the complaint herein for failure to prosecute. The action was based upon a policy of insurance against automobile collision damage and was commenced by the service of a bare summons on February 11, 1949. The ease appeared on the trial calendar in Schoharie County at several terms although no complaint had been served. The complaint was apparently finally served some time in March, 1953. Although a considerable period of time elapsed between the date when the summons was served and the time when the complaint was finally served, no motion was made by the defendant for dismissal of the action. We do not find that the Special Term abused its discretion in refusing to grant the motion to dismiss. Order unanimously affirmed, with $10 costs. Present — Foster, F. J., Bergan, Coon, Halpern and Imrie, JJ.

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Bluebook (online)

283 A.D. 979, 130 N.Y.S.2d 628, 1954 N.Y. App. Div. LEXIS 5989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willwerth-v-sterling-fire-insurance-nyappdiv-1954.