Klein v. Munch Brewery Bottling Dept., Inc.

Order dismissing complaint for lack of prosecution and judgment entered thereon reversed upon the law and the facts, with ten dollars costs and disbursements, motion denied, with ten dollars costs, and judgment vacated. Under the facts presented upon the motion, we think the discretion of the learned justice at Special Term was improperly exercised. Young, Kapper, Carswell, Scudder and Tompkins, JJ., concur.