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Williamson v. New York Edison Co.

128 A.D. 900 Court First Department, English

Contents

Majority

p. 900
First Department,
October, 1908.
Mary Williamson, Respondent, v. New York Edison Company, Appellant, Impleaded with Another.

Headnote

Appeal by the defendant, the New York Edison Company, from an order of the Supreme Court, entered in the office of the clerk of the county of New York on the 13th day of August, 1908, denying a motion to dismiss the complaint for want of prosecution.

The defendants show the necessary facts to establish unreasonable delay in the prosecution of the action, and the plaintiff shows no excuse whatever, not even filing an affidavit. Under the circumstances the motion should have been granted. The order should be reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Present — Patterson, P. J., Ingraham, Laughlin, Clarke and Scott, JJ. 'Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.