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Caudle v. City of New York

5 Misc. 2d 941 Court Supreme Court, Appellate Term, First Department, Decision date 1956-11-29 English

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p. 941
Charles Caudle, Respondent, v. City of New York, Appellant.
Supreme Court, Appellate Term, First Department,
November 29, 1956.
p. 942
Peter Campbell Brown, Corporation Counsel (Abraham Satran of counsel), for appellant.
John A. Murray for respondent.

No reasonable excuse for the failure to prosecute the action with diligence was shown. In the circumstances, the denial of the motion to dismiss for failure to proceed with diligence was an improvident exercise of discretion (H yde & Sons v. Roller Derby Skate Co., 1 A D 2d 942 ).

The order should be reversed, with $10 costs and disbursements, and motion granted. Appeal from order dated April 17, 1955 dismissed.

Hoestadter, Aurelio and Tilzer, JJ., concur.

Order reversed, etc.