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Raber v. Schweitzer

Appellate Division of the Supreme Court of New York, Fourth Department
May 1, 1925
214 App. Div. 759 (N.Y. App. Div. 1925)

Opinion

May, 1925.

Present — Hubbs, P.J., Davis, Sears, Crouch and Taylor, JJ.


Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, on the grounds that a case was made out under section 181 of the Civil Practice Act for the dismissal of the complaint for failure to proceed, inasmuch as more than ten years have elapsed since the joinder of issue without any attempt to move the case for trial and no excuse is offered for the delay. All concur.


Summaries of

Raber v. Schweitzer

Appellate Division of the Supreme Court of New York, Fourth Department
May 1, 1925
214 App. Div. 759 (N.Y. App. Div. 1925)
Case details for

Raber v. Schweitzer

Case Details

Full title:ALBERT RABER, Respondent, v. ROLAND SCHWEITZER and Another, Appellants

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

Date published: May 1, 1925

Citations

214 App. Div. 759 (N.Y. App. Div. 1925)

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But negative action will not end the case. Apart from section 161 of the Civil Practice Act ( Raber v.…