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Zimmerman v. Rahmeyer

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1930
230 App. Div. 719 (N.Y. App. Div. 1930)

Opinion

June, 1930.


Order reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The court was without authority to permit the plaintiff to serve and file a notice of trial and a note of issue nunc pro tunc as of February 4, 1929. (Civ. Prac. Act, § 433; Rules Civ. Prac. rule 150.) The court was further without authority to grant a preference until the case was properly on the calendar. ( Roberts v. Schaf, 76 App. Div. 433; Manarrow Realties, Inc., v. Conrad Corporation, 222 id. 652; Davis v. Friedman, 196 id. 926.) Lazansky, P.J., Rich, Hagarty, Carswell and Tompkins, JJ., concur.


Summaries of

Zimmerman v. Rahmeyer

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1930
230 App. Div. 719 (N.Y. App. Div. 1930)
Case details for

Zimmerman v. Rahmeyer

Case Details

Full title:HENRY J. ZIMMERMAN, Respondent, v. REINHARDT RAHMEYER and ERNEST RAHMEYER…

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

Date published: Jun 1, 1930

Citations

230 App. Div. 719 (N.Y. App. Div. 1930)

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