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Fassari v. Dolce

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1936
247 App. Div. 758 (N.Y. App. Div. 1936)

Opinion

February, 1936.


Order denying defendant's motion to dismiss for lack of prosecution reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. There is no showing of merit by the plaintiff or his attorney, and, specifically, no showing that the automobile was being operated at the time of the accident with the express or implied consent of the defendant. The excuse presented for the delay of nearly three years is inadequate, and the plaintiff has not sustained the burden of showing no unreasonable neglect. ( McGee v. Levy, 215 App. Div. 720.) Lazansky, P.J., Young, Hagarty, Carswell and Davis, JJ., concur.


Summaries of

Fassari v. Dolce

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1936
247 App. Div. 758 (N.Y. App. Div. 1936)
Case details for

Fassari v. Dolce

Case Details

Full title:PASQUALE FASSARI, Respondent, v. JAMES G. LO DOLCE, Appellant

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

Date published: Feb 1, 1936

Citations

247 App. Div. 758 (N.Y. App. Div. 1936)