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Moshman v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Apr 11, 1957
3 A.D.2d 824 (N.Y. App. Div. 1957)

Opinion

April 11, 1957 Republished


Order unanimously modified so as to dismiss the complaint unconditionally for lack of prosecution and, as so modified, affirmed, with $20 costs and disbursements to the appellant, and judgment is directed to be entered in favor of the defendant dismissing the complaint herein, with costs. Counsel's explanation of the two and one-half years' delay in bringing the case on for trial, due to moving his office and misplacing the file, does not satisfy the requirements of reasonableness called for by section 181 of the Civil Practice Act and rule 156 of the Rules of Civil Practice. Further, plaintiffs fail to present facts indicating a meritorious cause of action.

Concur — Peck, P.J., Breitel, Frank, Valente and McNally, JJ. [See ante, p. 822, and post, p. 825.]


Summaries of

Moshman v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Apr 11, 1957
3 A.D.2d 824 (N.Y. App. Div. 1957)
Case details for

Moshman v. City of New York

Case Details

Full title:RAE MOSHMAN et al., Respondents, v. CITY OF NEW YORK, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 11, 1957

Citations

3 A.D.2d 824 (N.Y. App. Div. 1957)

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