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TRAVELERS INS. CO. v. FINK

6 A.D.2d 681 (1958)

Travelers Insurance Company, Respondent, v. Leo R. Fink, Doing Business as Astor House & Window Cleaning Co., Appellant

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

May 27, 1958

Per Curiam.

We find no abuse of discretion on the part of the Special Term in refusing to dismiss the complaint unconditionally for lack of prosecution. The order appealed from should, therefore, be affirmed. In so holding we do not overlook our recent determination in Hardware Mut. Cas. Co. v. Rosenberg (3 A.D.2d 988) but consider that case clearly distinguishable on the...

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