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Smith v. Rosenfeld

3 A.D.2d 649 Court N.Y. App. Div. Decision date 1957-01-15 English

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p. 649
Marjorie Smith, Respondent, v. Henry Rosenfeld et al., Doing Business as Nesor Realty Co., Appellants.

Order, so far as appealed from, unanimously modified so as to grant the motion to dismiss unconditionally and, as so modified, affirmed, with $20 costs and disbursements to the appellants. (See Hyde é Sons v. Boiler Derby Skate Co., 1 A D 2d, 942 .) The clerk is directed to enter judgment in favor of the defendants dismissing the complaint for failure to prosecute, with costs. No opinion. Concur — Peek, P. J., Breitel, Botein, Valente and Bergan, JJ.