ROTHMAN v. SKERNICK


15 Misc.2d 962 (1958)

Bertha Rothman, Respondent, v. Max Skernick, Appellant.

Supreme Court, Appellate Term, New York County.

January 7, 1958.


Attorney(s) appearing for the Case

William S. O'Connor and George V. O'Haire for appellant.

Noah Seedman for respondent.

Concur — PETTE, HART and DI GIOVANNA, JJ.


Per Curiam.

Plaintiff failed to present any reason or excuse for her delay of more than two years after joinder of issue in bringing the cause on for trial. Under the circumstances here disclosed, it was an improper exercise of discretion to deny appellant's motion to dismiss the action as against him for lack of prosecution. (Rothman v. Skernick & Morton Bros., N. Y. L. J., Oct. 28, 1957, p. 9, col. 3...

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