Kirkwood v. Dallas

11 A.D.2d 926 Court N.Y. App. Div. Decision date 1960-09-20 English

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p. 926

Solomon Kirkwood, as Administrator of the Estate of Henry D. Kirkwood, Deceased, Respondent, v. Albert Dallas, Defendant, and George Cheatham, Appellant.

Order, dated May 26, 1960, as denies defendant’s motion to dismiss the above-entitled action for lack of prosecution, affirmed, without costs. Concur — Botein, P. J., Breitel and Rabin, JJ.; Valente and McNally, JJ., dissent and vote to reverse and grant the motion to dismiss. No opinion.