Thomas v. Melbert Foods, Inc.

24 A.D.2d 714 Court N.Y. App. Div. Decision date 1965-09-30 English

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Margot Thomas, Respondent, v. Melbert Foods, Inc., Appellant.

Order entered May 3, 1964 denying a motion to dismiss the complaint for failure to prosecute, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $30 costs and disbursements to the appellant, and the motion to dismiss granted, with $10 costs. (See Roberts v. New York Post Corp., 24 A D 2d 714.) Concur — Botein, P. J., Breitel, McNally, Eager and Steuer, JJ.