Maraynes v. Orseck Boys, Inc.

274 A.D. 1070 Court N.Y. App. Div. Decision date 1949-01-24 English

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p. 1070

David Maraynes, Respondent, v. Orseck Boys, Inc., et al., Appellants, et al., Defendants.

Appeal from order denying appellants’ motion to dismiss the complaint for lack of prosecution. Order reversed on the law and the facts, without costs, and the motion granted, without costs. In our opinion, on the facts disclosed by this record, the denial of the motion was an improvident exercise of discretion. Nolan, P. J., Carswell, Johnston, Sneed and MacCrate, JJ., concur.