Hyperlawhypertext legal database M & S Gasoline Service, Inc. v. Texas Co. 21 A.D.2d 644

← Cases

M & S Gasoline Service, Inc. v. Texas Co.

21 A.D.2d 644 Court N.Y. App. Div. Decision date 1964-05-05 English

Contents

Majority

p. 644
M & S Gasoline Service, Inc., et al., Respondents, v. Texas Company et al., Appellants.

Orders, entered on February 11, 1964, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to appellants, the motion to dismiss for lack of prosecution

p. 645
granted, with $10 eosts. This action was commenced in May, 1957, and issue joined in September, 1957. Activity has been intermittent and occasional. In June, 1962, there was a substitution o£ plaintiffs’ attorney and there the matter rested until December, 1963, when there was service of a note of issue and statement of readiness. Ho reasonable excuse is shown for the delay and for the failure to prosecute. (CPLR 3216; Sortino v. Fisher, 20 A D 2d 25 .) Concur—Botein, P. J., Breitel, Valente, Stevens and Eager, JJ.

Cases cited