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MESSING v. CITY OF NEW YORK

285 A.D. 977 (1955)

Amelia Messing et al., Respondents, v. City of New York, Appellant, et al., Defendant

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

March 28, 1955.

Order modified by striking from the ordering paragraph everything following the word "granted". As thus modified, order affirmed, with $10 costs and disbursements to appellant.

Respondents failed to explain or excuse the delay of more than forty-one months in bringing the case on for trial. On the facts disclosed by the record, appellant was entitled to dismissal of the complaint without condition, and it was an improvident...

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