Clemens v. City of New York

215 A.D. 687 Court N.Y. App. Div. English

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p. 687

Oswald Clemens, Respondent, v. The City of New York, Defendant, Impleaded with Neptune B. Smyth, Appellant.

Order denying appellant’s motion to dismiss the complaint for lack of prosecution reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, without costs. We think the record discloses inexcusable neglect on the part of the plaintiff in prosecuting the action. Kelly, P. J., Rich, Manning, Young and Kapper, JJ., concur.