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Kohn v. Harris

159 N.Y.S. 552 Court N.Y. App. Div. Decision date 1916-06-09 English

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p. 552
(174 App. Div. 855)
KOHN v. HARRIS.
(Supreme Court, Appellate Division, First Department.
June 9, 1916.)

Headnote

Dismissal and Nonsuit ©=>60(3)—Motion to Dismiss fob Delay in Prosecution.
Where no sufficient or satisfactory excuse is offered for delay in prosecuting an action, in opposition to defendant’s motion to dismiss the complaint for failure to prosecute, the motion to dismiss will be granted.
[Ed. Note.—For other cases, see Dismissal and Nonsuit, Cent. Dig. § 142; Dec. Dig. ©=>60(3).]
Appeal from Special Term, New York County.
Action by Samuel Kohn against Moses H. Harris, sued as “Moe” ’ H. Harris. From an order denying motion to dismiss complaint for failure to prosecute action, defendant appeals. Order reversed, and motion granted.
Argued before CLARKE, P. J., and LAUGHLIN, DOWLING, PAGE, and DAVIS, JJ.
Albert R. Lesinsky, of New York City, for appellant.
Abraham P. Wilkes, of New York City, for respondent.

No sufficient or satisfactory excuse has been offered for the delay in prosecution. The order appealed from is therefore reversed, with $10 costs and disbursements, and the motion granted, with $10 costs. Order filed.