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CAUDLE v. CITY OF NEW YORK

5 Misc.2d 941 (1956)

Charles Caudle, Respondent, v. City of New York, Appellant.

Supreme Court, Appellate Term, First Department.

November 29, 1956.

Attorney(s) appearing for the Case

Peter Campbell Brown, Corporation Counsel (Abraham Satran of counsel), for appellant.

John A. Murray for respondent.

HOFSTADTER, AURELIO and TILZER, JJ., concur.

Per Curiam.

No reasonable excuse for the failure to prosecute the action with diligence was shown. In the circumstances, the denial of the motion to dismiss for failure to proceed with diligence was an improvident exercise of discretion (Hyde & Sons v. Roller Derby Skate Co., 1 A.D.2d 942).

The order should be reversed, with $10 costs and disbursements, and motion...

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