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Johnt v. Stone

144 N.Y.S. 1122 Court N.Y. App. Div. Decision date 1913-11-19 English

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p. 1122
JOHNT, Respondent, v. STONE, Appellant.
(Supreme Court, Appellate Division, Fourth Department.
November 19, 1913.)

Headnote

Action by Catherine C. Johnt against Sarah C. Stone.

Order reversed, without costs, except disbursements, and motion to dismiss the complaint granted. Held, that the delay in the prosecution of the action was unreasonable, and in view of the reversal of the judgment and the death of the defendant’s husband, with whom all of the business out of which the matters in controversy arose was transacted, the order denying the motion should be reversed and the complaint dismissed, but without costs, except disbursements, as a full bill of costs is awarded upon the reversal of the judgment. See, also, 144 N. Y. Supp. 1122.