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Caudle v. City of New York

Supreme Court, Appellate Term, First Department
Nov 29, 1956
5 Misc. 2d 941 (N.Y. App. Term 1956)

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.


Summaries of

Caudle v. City of New York

Supreme Court, Appellate Term, First Department
Nov 29, 1956
5 Misc. 2d 941 (N.Y. App. Term 1956)
Case details for

Caudle v. City of New York

Case Details

Full title:CHARLES CAUDLE, Respondent, v. CITY OF NEW YORK, Appellant

Court:Supreme Court, Appellate Term, First Department

Date published: Nov 29, 1956

Citations

5 Misc. 2d 941 (N.Y. App. Term 1956)
158 N.Y.S.2d 822