Nesladek v. U.S. Trucking Corp.

• Court: New York Court of Appeals Court of Appeals
• Citation: Nesladek v. U.S. Trucking Corp., 185 N.Y.S.2d 258, 5 N.Y.2d 1003 (N.Y. 1959)
• Decision Date: 05 March 1959
• Parties: , 158 N.E.2d 122 Stephen NESLADEK, Appellant, v. UNITED STATES TRUCKING CORP., Respondent.

Page 258

185 N.Y.S.2d 258

5 N.Y.2d 1003, 158 N.E.2d 122

Stephen NESLADEK, Appellant, v. UNITED STATES TRUCKING CORP., Respondent.

Court of Appeals of New York.

March 5, 1959.

Appeal from Supreme Court, Appellate Division, First Department, 4 A.D.2d 945, 168 N.Y.S.2d 605.

Defendant appealed from adverse orders.

The Appellate Division unanimously reversed the orders in the exercise of discretion, with twenty dollars costs and disbursements to the defendant, and granted motion to dismiss the complaint with ten dollars costs, and directed judgment to be entered in favor of the defendant dismissing the complaint with costs, because the case presented a history of a series of unexplained defaults and inexcusable delays.

The plaintiff appealed to the Court of Appeals, and motion was made in the Court of Appeals to dismiss the appeal. Motion to dismiss appeal granted and appeal...