Appellate Terms of the Supreme Court of New York, 1903

Wuppermann v. Valentine

Wuppermann v. Valentine
Appellate Terms of the Supreme Court of New York · Decided June 22, 1903
84 N.Y.S. 150 (New York Supplement)

Counsel

Menken Bros., for appellant., Arthur Furber, for respondent.

Wuppermann v. Valentine

Opinion of the Court

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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