¶1Order reversed, with ten dollars costs and disbursements, and motion to dismiss the action for failure to prosecute granted, with costs, on the ground that the excuse offered by plaintiff for a delay of nearly five years in bringing the case to trial is insufficient. Burr, Thomas and Carr, JJ., concurred; Jenks and Rich, JJ., dissented.
137 A.D. 898
Bernstein v. Baumann
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 1910
Appellate Division of the Supreme Court of the State of New York · decided 1910-03-15
Decided 1910-03-15