Lasher v. Forest Heights Realty Co.

Appellate Division of the Supreme Court of New York

Lasher v. Forest Heights Realty Co.

244 A.D. 823

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1935·Published

Opinion

Order denying defendants’ motion to dismiss the action for failure to prosecute reversed on the law and the facts, with ten dollars costs and disbursements, and defendants’ motion granted, with ten dollars costs. Plaintiff presented no good reason or excuse for his failure to bring this equity action to trial. There was improvidence in the exercise of discretion by the Special Term in denying the defendants’ motion. Lazansky, P. J., Young, Carswell, Tompkins and Johnston, JJ., concur.

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Order denying defendants’ motion to dismiss the action for failure to prosecute reversed on the law and the facts, with ten dollars costs and disbursements, and defendants’ motion granted, with ten dollars costs. Plaintiff presented no good reason or excuse for his failure to bring this equity action to trial. There was improvidence in the exercise of discretion by the Special Term in denying the defendants’ motion. Lazansky, P. J., Young, Carswell, Tompkins and Johnston, JJ., concur.

Lasher v. Forest Heights Realty Co., 244 A.D. 823 (N.Y. Ct. App. 1935).

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