Bernstein v. Baumann

120 N.Y.S. 1114 Court N.Y. App. Div. Decision date 1910-01-21 English

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p. 1114

BERNSTEIN, Respondent, v. BAUMANN, Appellant.

(Supreme Court, Appellate Division, Second Department.

January 21, 1910.)

Headnote

Action by Pearl Bernstein against Samuel Baumann.

Order denying motion to dismiss reversed, with $10 costs and disbursements, upon the ground that statements in defendant’s affidavit, uncontroverted or unexplained, show that plaintiff was guilty of unreasonable delay and neglect to proceed with the action, and motion granted, with $10 costs.