¶1Order of the County Court of Nassau county denying the 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. Plaintiff has not explained the neglect to prosecute this action, and the discretion of the county judge was improperly exercised. Carswell, Davis, Johnston, Adel and Close, JJ., concur.
252 A.D. 784
Rodin v. Wagner
Appellate Division of the Supreme Court of the State of New York
Decided October 22, 1937
Appellate Division of the Supreme Court of the State of New York · decided 1937-10-22
Decided 1937-10-22