Beer-Meisel Lodge No. 8 Independent Order Brith Abraham v. Herschbein

270 A.D. 847, 60 N.Y.S.2d 410, 1946 N.Y. App. Div. LEXIS 4268

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 18, 1946
• Status: Published

Opinion

Order denying the appellant’s motion to dismiss the complaint as to him for lack of prosecution, on condition that the plaintiffs notice the case for trial for the December, 1945 Term, reversed on the facts, with $10 costs and disbursements, and the motion granted, with $10 costs. Plaintiffs fail to show any valid reason for their unusual delay in prosecuting the action. Lewis, P. J., Hagarty, Carswell, Johnston and Nolan, JJ., concur.