Citation Numbers： 11 A.D.2d 981, 208 N.Y.S.2d 417, 1960 N.Y. App. Div. LEXIS 7913
Filed Date： 10/4/1960
Status： Precedential
Modified Date： 10/28/2024
Order, entered December 15, 1959, granting defendant’s motion to dismiss the complaint conditionally, unanimously modified, on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to appellant, to the extent of granting the motion to dismiss unconditionally, with $10 costs, and, as so modified, the order is affirmed. There is insufficient excuse shown for the delay in prosecution. Concur — Botein, P. J., Breitel, Stevens and Eager, JJ.