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Levy v. Guardian Trust Co.

149 N.Y.S. 1093 Court N.Y. App. Div. Decision date 1914-10-30 Docket No. 6347 English

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p. 1093
LEVY v. GUARDIAN TRUST CO.
(No. 6347.)
(Supreme Court, Appellate Division, First Department.
October 30, 1914.)

Headnote

Appeal from Special Term, New York County. Action by Charles E. Levy against the Guardian Trust Company. From an order dismissing the complaint for failure to prosecute, plainti~ appeals. Order reversed, and motion denied. See, also, 158 App. Div~ 922, 143 N. Y. Supp. 1127 . C. B. Lydecker, of New York City, for appellant W. H. Pell, of New York City, for respondent.

The evidence of laches upon the part of the plaintiff in the prosecution of this action did not warrant the dismissal of the complaint The order must be reversed, with $10 costs and disbursements, and the motion denied, with $10 costs.