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Downey v. Manhattan Center, Inc.

12 A.D.2d 899 Court N.Y. App. Div. Decision date 1961-02-07 English

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p. 899
Hanna Downey et al., Respondents, v. Manhattan Center, Inc., Appellant.

Order entered on August 4, 1960, denying defendant’s motion to dismiss the complaint for lack of prosecution, unanimously reversed, with $20 costs and disbursements to appellant, and defendant’s motion to dismiss the complaint for failure to prosecute granted, with $10 costs. The record fails to establish any reasonable basis for excusing the inordinate and unwarranted delay in the prosecution of the action. Concur — Botein, P. J., Breitel, Rabin, Eager and Bastow, JJ.