Kuntz v. Smithson — 127 N.Y.S. 1128

Majority

p. 1128

KUNTZ, Respondent, v. SMITHSON et al., Appellants.

(Supreme Court, Appellate Division, Second Department.

February 17, 1911.)

Headnote

Action by Louis F^ Kuntz against Elizabeth Smithson and another.

Order reversed, with $10 costs and disbursements, and motion to dismiss the complaint for want of prosecution granted, with costs, upon the grounds) first, that the amended complaint does' not state facts sufficient to constitute a .cause of action, and, second, that no reasonable excuse is offered for delay in the prosecution thereof.

HIRSCHBERG, J., dissents.