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Schmitt v. W.W. Babcock Company

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 23, 1938
255 App. Div. 940 (N.Y. App. Div. 1938)

Opinion

November 23, 1938.

Present — Sears, P.J., Crosby, Lewis, Taylor and Dowling, JJ.


Order so far as appealed from affirmed, with ten dollars costs and disbursements. Memorandum: In February, 1936, defendant notified the plaintiff that its expert on wood had become incapacitated and asked for time to find another expert. The request was granted. Defendant did not again communicate with the plaintiff on the subject. Delay there was in moving the case for trial but the defendant acquiesced in it and the court so found. No abuse of discretion is indicated and the order denying the motion to dismiss should be affirmed. All 0000concur. (The order denies a motion to dismiss the complaint for laches, in a negligence action.)


Summaries of

Schmitt v. W.W. Babcock Company

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 23, 1938
255 App. Div. 940 (N.Y. App. Div. 1938)
Case details for

Schmitt v. W.W. Babcock Company

Case Details

Full title:MARY L. SCHMITT, as Administratrix, etc., of FRED W. SCHMITT, Deceased…

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

Date published: Nov 23, 1938

Citations

255 App. Div. 940 (N.Y. App. Div. 1938)