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Mormon v. Farrell

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1929
228 App. Div. 633 (N.Y. App. Div. 1929)

Opinion

December, 1929.


Order denying defendant's motion to dismiss action for failure to prosecute reversed upon the law and the facts, with ten dollars costs and disbursements, and motion to dismiss action granted, with ten dollars costs. Plaintiff has not satisfactorily explained his neglect to prosecute this action and the discretion of the Special Term was improperly exercised. ( McGee v. Levy, 215 App. Div. 720; Regan v. Milliken Bros., 123 id. 72; Lerman v. Muller, 210 id. 860.) Lazansky, P.J., Rich, Young, Seeger and Scudder, JJ., concur.


Summaries of

Mormon v. Farrell

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1929
228 App. Div. 633 (N.Y. App. Div. 1929)
Case details for

Mormon v. Farrell

Case Details

Full title:JOSEPH MORMON, Respondent, v. THOMAS FARRELL, Appellant

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

Date published: Dec 1, 1929

Citations

228 App. Div. 633 (N.Y. App. Div. 1929)