Thompson v. Wise Shoe Stores, Inc. , 177 N.Y.S.2d 1005 ( 1958 )

Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion to dismiss the action for failure to prosecute granted, with $10 costs, and judgment is directed to be entered in favor of the defendant, Wise Shoe Stores, Inc., dismissing the complaint, for failure to prosecute, with costs. The excuse offered for the delay is inadequate. (Moshman v. City of New York, 3 A D 2d 822.) Concur—Botein, P. J., Rabin, Valente, McNally and Stevens, JJ.