Gabowitz v. Graeler

Order entered on December 2, 1959, denying defendant’s motion to dismiss for lack of prosecution, unanimously reversed, on the law, on the facts, and in the exercise of discretion, with $20 costs and disbursements to appellant, and the motion granted, with $10 costs. In the exercise of a proper discretion the motion should have been granted. (Cf. Threewitts v. Almanzar, 11 A D 2d 981 .) Concur—McNally, J. P., Stevens, Eager, Steuer and Bastow, JJ.