Zickl v. Russell

Appellate Division of the Supreme Court of New York

Zickl v. Russell

248 A.D. 845, 290 N.Y.S. 271, 1936 N.Y. App. Div. LEXIS 7587

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

DecidedSeptember 30, 1936

StatusPublished

This text of 248 A.D. 845 (Zickl v. Russell) 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

Zickl v. Russell, 248 A.D. 845, 290 N.Y.S. 271, 1936 N.Y. App. Div. LEXIS 7587 (N.Y. Ct. App. 1936).

Pincite

Opinion

The complaint was dismissed for failure to appear when the case was reached for trial. Sufficient reason for the failure to appear was not shown. The dismissal was not on the merits. The alleged cause of action arose in July, 1934. One of the defendants has died and the cause of action against him has abated. If a cause of action still remains against the surviving defendant, who was the agent of the deceased defendant, time remains to bring a new action. Order unanimously affirmed, with ten dollars costs and disbursements. Present — Hill, P. J., Rhodes, MeNamee, Bliss and Heffernan, JJ.

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The complaint was dismissed for failure to appear when the case was reached for trial. Sufficient reason for the failure to appear was not shown. The dismissal was not on the merits. The alleged cause of action arose in July, 1934. One of the defendants has died and the cause of action against him has abated. If a cause of action still remains against the surviving defendant, who was the agent of the deceased defendant, time remains to bring a new action. Order unanimously affirmed, with ten dollars costs and disbursements. Present — Hill, P. J., Rhodes, MeNamee, Bliss and Heffernan, JJ.

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Bluebook (online)

248 A.D. 845, 290 N.Y.S. 271, 1936 N.Y. App. Div. LEXIS 7587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zickl-v-russell-nyappdiv-1936.