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May v. Hoguet

Appellate Division of the Supreme Court of New York, Second Department
Jan 13, 1939
256 App. Div. 825 (N.Y. App. Div. 1939)

Opinion

January 13, 1939.


Order granting motion to dismiss for failure to serve a complaint modified by striking therefrom the words "unless the case is noticed for trial for the December, 1938, Term," and, as so modified, affirmed, without costs. In view of the existence of an order denying a motion for leave to serve a complaint and the failure of the respondent to show that the action would be diligently prosecuted, we are of opinion that the complaint should have been dismissed unconditionally. Lazansky, P.J., Hagarty, Davis, Adel and Taylor, JJ., concur.


Summaries of

May v. Hoguet

Appellate Division of the Supreme Court of New York, Second Department
Jan 13, 1939
256 App. Div. 825 (N.Y. App. Div. 1939)
Case details for

May v. Hoguet

Case Details

Full title:EMMA A. MAY, Respondent, v. ROBERT LOUIS HOGUET, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 13, 1939

Citations

256 App. Div. 825 (N.Y. App. Div. 1939)