VITALE v. BARTLUCCI


7 Misc.2d 7 (1957)

Rocco Vitale, Plaintiff, v. Vito Bartlucci, Defendant.

Supreme Court, Special Term, Kings County.

March 1, 1957.


Attorney(s) appearing for the Case

Schultz & Garber for defendant.

David B. Ampel for plaintiff.


BENJAMIN BRENNER, J.

Motion is made pursuant to section 181 of the Civil Practice Act to dismiss the complaint for failure to prosecute an action for an injunction to remove a chain link fence which allegedly encroaches on plaintiff's land, and for money damages.

The action is in equity and was commenced on June 11, 1953. Issue was joined on October 24, 1953, and if expeditiously noticed for trial, could...

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