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Williamson v. New York Edison Co.

112 N.Y.S. 658 Court N.Y. App. Div. Decision date 1908-10-23 English

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p. 658
WILLIAMSON v. NEW YORK EDISON CO.
(Supreme Court, Appellate Division, First Department.
October 23, 1908.)

Headnote

Dismissal and Nonsuit (§ 60*)—Want op Prosecution—Dismissal Proper.
♦For other oases see same topic & § number in Dec. & Am. Digs. 1907 to date, & Rep’r Indexes
It was improper to refuse to dismiss a complaint, where defendant established an unreasonable delay in prosecuting the action and plaintiff showed no excuse.
[Ed. Note.—For other cases, see Dismissal and Nonsuit, Cent. Dig. §§ 140-142; Dec. Dig. § 60.*]
Appeal from Special Term.
Action by Mary Williamson against the New York Edison Company. From an order refusing to dismiss the complaint, defendant appeals.
Reversed and motion granted.
Argued before PATTERSON, P. J., and INGRAHAM, LAUGH-LIN, CLARKE, and SCOTT, JJ.
James J. Mahoney, for appellant.

The defendants show the necessary facts to establish unreasonable delay in the prosecution of the action, and the plaintiff shows no excuse whatever, not even filing an affidavit. Under these circumstances the motion should have been granted.

Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs.