Appellate Division of the Supreme Court of New York, 1923

Sheridan v. Rosenthal

Sheridan v. Rosenthal
Appellate Division of the Supreme Court of New York · Decided November 15, 1923
207 A.D. 858
Sheridan v. Rosenthal

Opinion of the Court

Motion to stay the trial of the actions denied. The defendants entered upon the former trial without objection and without raising the question of the pendency of the criminal proceeding. We think it now too late to claim a postponement on that ground. Moreover, the defendants voluntarily made full and exhaustive statements to the district attorney, which were read in evidence on the hearing before the committing magistrate, and since the reversals and the' restoration of the eases to the day calendar for trial they have repeatedly answered “ready.” Kelly, P. J., Manning, Kelby and Kapper, JJ., concur; Rich, J., dissents.

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