Citation Numbers: 253 A.D. 833, 2 N.Y.S.2d 496, 1938 N.Y. App. Div. LEXIS 8836
Filed Date: 1/21/1938
Status: Precedential
Modified Date: 10/28/2024
Order denying motion to dismiss plaintiff’s complaint for failure to prosecute reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, without costs. Upon the facts as disclosed by this record, refusal to grant the motion was improvident. Hagarty, Carswell, Davis, Adel and Close, JJ., concur.