Bernstein v. Baumann

122 N.Y.S. 1122 Court N.Y. App. Div. Decision date 1910-03-18 English

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Majority

p. 1122

BERNSTEIN, Respondent, v. BAUMANN, Appellant.

(Supreme Court Appellate Division. Second Department.

March 18, 1910.)

Headnote

Action by Hyman Bernstein against Samuel Baumann.

Order reversed, with $10 costs and disbursements, and motion to dismiss •the action for failure to prosecute granted, with costs, on the ground that the excuse offered by plaintiff for a delay of nearly five years in bringing the case to trial is insufficient.

JENKS and RICH, JJ., dissent.