Farber v. Broadco Holding Corp.

256 A.D. 833, 9 N.Y.S.2d 253, 1939 N.Y. App. Div. LEXIS 5072
Appellate Division of the Supreme Court of the State of New York·Decided January 23, 1939·Published·Cited by 6 cases

Opinion

Order denying, conditionally, defendant’s motion to dismiss the complaint for failure to prosecute reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, without costs. The delay of well over two years after joinder of issue, during which time the cause of action was not noticed for trial, with no reasonable excuse offered for the delay, requires dismissal. Lazansky, P. J., Hagarty, Davis, Adel and Taylor, JJ., concur.

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Farber v. Broadco Holding Corp., 256 A.D. 833, 9 N.Y.S.2d 253, 1939 N.Y. App. Div. LEXIS 5072 (N.Y. Ct. App. 1939).

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