Wuppermann v. Valentine

Appellate Terms of the Supreme Court of New York

Wuppermann v. Valentine

84 N.Y.S. 150

Appellate Terms of the Supreme Court of New York·Decided June 22, 1903·Published

Opinion

PER CURIAM.

The defendant made a motion to dismiss the complaint for lack of prosecution. The motion was granted, unless plaintiff placed the cause on the calendar within three days from the entry of the order. The defendant entered an order on said motion, and then appealed from each and every part of said order. We are not satisfied that there has been such an abuse of discretion on the part of the court below, in giving plaintiff the opportunity of placing the cause on the calendar, as to call for a reversal.

The order is affirmed, with costs.

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PER CURIAM.

The defendant made a motion to dismiss the complaint for lack of prosecution. The motion was granted, unless plaintiff placed the cause on the calendar within three days from the entry of the order. The defendant entered an order on said motion, and then appealed from each and every part of said order. We are not satisfied that there has been such an abuse of discretion on the part of the court below, in giving plaintiff the opportunity of placing the cause on the calendar, as to call for a reversal.

The order is affirmed, with costs.

Wuppermann v. Valentine, 84 N.Y.S. 150 (N.Y. Ct. App. 1903).

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