January 24, 1949.
Appeal from order denying appellants' motion to dismiss the complaint for lack of prosecution. Order reversed on the law and the facts, without costs, and the motion granted, without costs. In our opinion, on the facts disclosed by this record, the denial of the motion was an improvident exercise of discretion. Nolan, P.J., Carswell, Johnston, Sneed and MacCrate, JJ., concur.
Full title:DAVID MARAYNES, Respondent, v. ORSECK BOYS, INC., et al., Appellants, et…
Court:Appellate Division of the Supreme Court of New York, Second Department
Date published: Jan 24, 1949
As thus modified, the order is affirmed, with $10 costs and disbursements to appellant. On the facts…
Giovannucci v. Brooklyns&sRichmond Ferry Co., Inc.Plaintiff failed to explain or excuse the delay of more than four years in bringing the cause on for trial…