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Nesladek v. United States Trucking Corp.

4 A.D.2d 945 Court N.Y. App. Div. Decision date 1957-11-26 English

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p. 945
Stephen Nesladek, Respondent, v. United States Trucking Corp., Appellant.

Orders so far as appealed from unanimously reversed in the exercise of discretion, with $20 costs and disbursements to appellant and the motion to dismiss the complaint for lack of prosecution is granted, with $10 costs, and judgment is directed to be entered in favor of the defendant dismissing the complaint, with costs. This case presents a history of a series of unexplained defaults and inexcusable delays. Concur — Peck, P. J., Breitel, Botein and Frank, JJ.