Appellate Division of the Supreme Court of New York, 1932

Kelly v. George Leary Construction Co.

Kelly v. George Leary Construction Co.
Appellate Division of the Supreme Court of New York · Decided December 15, 1932
237 A.D. 834
Kelly v. George Leary Construction Co.

Opinion of the Court

Order reversed on the law and the facts, with ten dollars costs and disbursements, and defendant’s motion to dismiss the complaint for lack of prosecution granted, with ten dollars costs. In our opinion, the plaintiff’s failure to restore the cause to the trial calendar between March 10, 1926, and August 23, 1932, was unreasonable and without justification. Lazansky, P. J., Young, Carswell and Tompkins, JJ., concur; Scudder, J., not voting.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.