Lasher v. Forest Heights Realty Co.

Order denying defendants’ motion to dismiss the action for failure to prosecute reversed on the law and the facts, with ten dollars costs and disbursements, and defendants’ motion granted, with ten dollars costs. Plaintiff presented no good reason or excuse for his failure to bring this equity action to trial. There was improvidence in the exercise of discretion by the Special Term in denying the defendants’ motion. Lazansky, P. J., Young, Carswell, Tompkins and Johnston, JJ., concur.