General Electric Co. v. Golden Rule Appliance Co.

Appellate Division of the Supreme Court of New York

General Electric Co. v. Golden Rule Appliance Co.

5 A.D.2d 813, 170 N.Y.S.2d 980, 1958 N.Y. App. Div. LEXIS 7043

Appellate Division of the Supreme Court of the State of New York·Decided February 4, 1958·Published

Opinion

Order unanimously modified to the extent of denying the motion of defendant to dismiss this action for lack of prosecution on condition that the plaintiff pays to the said defendant a full bill of costs to date, together with the costs and disbursements of this appeal, within 30 days after service of a copy of this order, with notice of entry, and, as so modified, the order appealed from is affirmed, with $20 costs and disbursements to the appellant.

Concur — Breitel, J. P., Rabin, Frank, McNally and Stevens, JJ.

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Order unanimously modified to the extent of denying the motion of defendant to dismiss this action for lack of prosecution on condition that the plaintiff pays to the said defendant a full bill of costs to date, together with the costs and disbursements of this appeal, within 30 days after service of a copy of this order, with notice of entry, and, as so modified, the order appealed from is affirmed, with $20 costs and disbursements to the appellant.

Concur — Breitel, J. P., Rabin, Frank, McNally and Stevens, JJ.

General Electric Co. v. Golden Rule Appliance Co., 5 A.D.2d 813, 170 N.Y.S.2d 980, 1958 N.Y. App. Div. LEXIS 7043 (N.Y. Ct. App. 1958).

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