Morini v. Kahn

Full title: ROSALINDA MORINI, Appellant, v. OTTO H. KAHN, Respondent

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

Date published: Jul 1, 1932

236 App. Div. 716 (N.Y. App. Div. 1932)

Opinion

July, 1932.

Appeal from Supreme Court, New York County.

Order affirmed, with ten dollars costs and disbursements. No opinion. Present Finch, P.J., Merrell, McAvoy, Martin and Townley, JJ.; Merrell and Martin, JJ., dissent.

MARTIN, J. (dissenting).

I dissent. The plaintiff is entitled to an immediate trial. The efforts of the defendant to postpone the trial appear to have been successful to date. Assuming that this court believes there is merit to the reasons set forth requesting delay, the plaintiff would now be entitled to the stipulation demanded. Merrell, J., concurs.