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Levy v. Guardian Trust Co.

164 A.D. 929 Court N.Y. App. Div. English

Contents

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p. 929
Charles E. Levy, Appellant, v. Guardian Trust Company, Respondent.

Headnote

Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 24th day of June, 1914, resettling a prior order dismissing the complaint for failure to prosecute.

The evidence of laches upon the part of the plaintiff in the prosecution of this action did not warrant the dismissal of the complaint. The order must be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. Present—Ingraham, P. J., Clarke, Scott and Dowling, JJ. Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.