MacTAGGART v. GIBBS & COX


280 A.D. 244 (1952)

Andrew J. MacTaggart, as President of Marine Draftsmen's Association, Affiliated with Industrial Union of Marine & Shipbuilding Workers of America, et al., Appellants, v. Gibbs & Cox, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 3, 1952.


Attorney(s) appearing for the Case

Edwin B. Wolchok of counsel (Hyman N. Glickstein and Daniel W. Meyer with him on the brief; Boudin, Cohn and Glickstein, attorneys), for appellants.

Walter Gordon Merritt of counsel (Thomas P. Dwyer with him on the brief; McLanahan, Merritt & Ingraham, attorneys), for respondent.

PECK, P. J., COHN, VAN VOORHIS, SHIENTAG and HEFFERNAN, JJ., concur.


Per Curiam.

The question before us on this appeal is whether the court at Special Term abused its discretion in dismissing an action for failure to prosecute for more than five years. We are required to weigh, on the one hand, plaintiffs' excuse for failing to proceed, and on the other hand, the prejudice to defendant by allowing the action to proceed at this late date.

The history of the case, so far as pertinent...

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