Garfinkel v. Lakeside Hotel, Inc.

253 A.D. 833 Court N.Y. App. Div. Decision date 1938-01-21 English

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p. 833

Lillian Garfinkel, as Administratrix etc., of Israel Garfinkel, Respondent, v. Lakeside Hotel, Inc., Appellant.

Order denying motion to dismiss plaintiff’s complaint for failure to prosecute reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, without costs. Upon the facts as disclosed by this record, refusal to grant the motion was improvident. Hagarty, Carswell, Davis, Adel and Close, JJ., concur.