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SWANSON v. ALTER

5 Misc.2d 523 (1956)

Wally Swanson, Respondent, v. Samuel Alter et al., Doing Business as The Food Family, Appellants.

Supreme Court, Appellate Term, First Department.

October 18, 1956.

Attorney(s) appearing for the Case

Leonard M. Henkin for appellants.

Melvel W. Snitow for respondent.

EDER, HECHT and TILZER, JJ., concur.

Per Curiam.

Plaintiff failed to set forth a satisfactory explanation for the long delay in the trial of the action or for his failure to move promptly to vacate the dismissal after his default. The Appellate Division maintains a firm attitude against unwarranted delay in prosecuting cases. (A. R. Hyde & Sons v. Roller Derby Skate Co., 1 A.D.2d 942.)

The retention of the check for the costs imposed as a...

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