Opinion
November 29, 1956
Appeal from the City Court of the City of New York, County of New York, HARRY B. FRANK, J.
Peter Campbell Brown, Corporation Counsel ( Abraham Satran of counsel), for appellant.
John A. Murray for respondent.
No reasonable excuse for the failure to prosecute the action with diligence was shown. In the circumstances, the denial of the motion to dismiss for failure to proceed with diligence was an improvident exercise of discretion ( Hyde Sons v. Roller Derby Skate Co., 1 A.D.2d 942).
The order should be reversed, with $10 costs and disbursements, and motion granted. Appeal from order dated April 17, 1955 dismissed.
HOFSTADTER, AURELIO and TILZER, JJ., concur.
Order reversed, etc.