Rodin v. Wagner

Appellate Division of the Supreme Court of New York

Rodin v. Wagner

252 A.D. 784, 299 N.Y.S. 121, 1937 N.Y. App. Div. LEXIS 6286

Appellate Division of the Supreme Court of the State of New York·Decided October 22, 1937·Published

Opinion

Order of the County Court of Nassau county denying the defendant’s motion to dismiss for lack of prosecution reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Plaintiff has not explained the neglect to prosecute this action, and the discretion of the county judge was improperly exercised. Carswell, Davis, Johnston, Adel and Close, JJ., concur.

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Order of the County Court of Nassau county denying the defendant’s motion to dismiss for lack of prosecution reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Plaintiff has not explained the neglect to prosecute this action, and the discretion of the county judge was improperly exercised. Carswell, Davis, Johnston, Adel and Close, JJ., concur.

Rodin v. Wagner, 252 A.D. 784, 299 N.Y.S. 121, 1937 N.Y. App. Div. LEXIS 6286 (N.Y. Ct. App. 1937).

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