Hansen v. Northern Insurance Company of New York

Full title: GERTRUDE HANSEN and Another, as Administrators with the Will Annexed of…

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

Date published: Sep 30, 1936

248 App. Div. 845 (N.Y. App. Div. 1936)

Opinion

September 30, 1936.

Present — Hill, P.J., Rhodes, McNamee, Bliss and Heffernan, JJ.

Defendant, Northern Insurance Company of New York, has appealed from an order of the Special Term denying its application to dismiss plaintiff's complaint for alleged unreasonable neglect to prosecute the action. The order appealed from is discretionary and the record does not indicate that the Special Term abused its discretion, and defendant has failed to show that it has been prejudiced by the delay. Order unanimously affirmed, with ten dollars costs and disbursements.