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5 A.D.2d 978

Levin v. McDowall

Appellate Division of the Supreme Court of the State of New York · decided 1958-04-10

Decided 1958-04-10

¶1Orders unanimously reversed and motion to dismiss for failure to prosecute granted, with $10 costs, in the exercise of discretion, plaintiff having failed to justify the delay and having failed to supply a sufficient affidavit of merits.

Concur — Breitel, J. P., Rabin, Frank, Valente and Stevens, JJ.
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