Thiemsen v. Fishes

Appellate Division of the Supreme Court of New York

Thiemsen v. Fishes

260 A.D. 1038, 24 N.Y.S.2d 364

Appellate Division of the Supreme Court of the State of New York·Decided December 16, 1940·Published

Opinion

Appeal from order denying motion to dismiss action for want of prosecution. Order, in so far as appealed from, reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, without costs. The plaintiff has been grossly dilatory and the denial of defendant’s motion was an improvident exercise of discretion. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.

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Appeal from order denying motion to dismiss action for want of prosecution. Order, in so far as appealed from, reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, without costs. The plaintiff has been grossly dilatory and the denial of defendant’s motion was an improvident exercise of discretion. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.

Thiemsen v. Fishes, 260 A.D. 1038, 24 N.Y.S.2d 364 (N.Y. Ct. App. 1940).

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