# Brown v. Herzberg

> Appellate Division of the Supreme Court of the State of New York · February 15, 1909 · 130 A.D. 894

URL: https://www.frixlaw.com/law-library/cases/5210422

## Case

- **Full name:** Annie Brown v. Nettie Herzberg
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** February 15, 1909
- **Citations:** 130 A.D. 894; 114 N.Y.S. 901
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5210422

## Opinion text

Per Curiam:
The defendant made out a case which required the granting of the motion to dismiss the complaint unless a reasonable excuse was presented by' the plaintiff for the delay. . We can find no such excuse in the papers submitted. ■The evidence shows that in consequence of the delay the defendant will be unable to produce upon' the trial her most important and material witnesses. The order should be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs. Present — Ingraham, McLaughlin, Clarke, Houghton and Scott, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5210422. Public record. Not legal advice.