Appellate Terms of the Supreme Court of New York, 1909

Loog v. Mace

Appellate Terms of the Supreme Court of New York · Decided November 12, 1909 · Lehman

119 N.Y.S. 182 (New York Supplement)

Counsel

Nadal, Carrere & Jones (Edward P. Morton, of counsel), for appellant., Alfred B. Osgoodby (P. M. Overlander, of counsel), for respondent.

Opinion of the Court

LEHMAN, J.

The defendant having brought himself within the provisions of the Code of Civil Procedure and the General Rules of Practice, which justify the court in dismissing the complaint for failure to prosecute where younger issues have been tried, no excuse having been offered, for the delay, the motion should have been granted. Me*183Grath v. Murtha & Schmohl Co., 128 App. Div. 278, 112 N. Y. Supp. 679.

The order should therefore be reversed, with $10 costs and disbursements, and the motion granted, with $10 costs in the court below. All concur.

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