KONIGSBERG v. KONIGSBERG


18 Misc.2d 455 (1959)

Sue Konigsberg et al., Respondents, v. Yetta Konigsberg, Appellant.

Supreme Court, Appellate Term, Second Department.

May 26, 1959.


Attorney(s) appearing for the Case

Caverly Dimond Dwyer & Lawler (Abraham H. Jackness of counsel), for appellant.

No appearance for respondents.

Concur — PETTE, HART and BROWN, JJ.


Per Curiam.

The plaintiffs failed to present any valid reason or excuse for the delay of more than two years after joinder of issue in bringing the cause on for trial and failed to set forth any facts showing merit in their action. In the circumstances, it was an improvident exercise of discretion to deny defendant's motion to dismiss the action for lack of prosecution (Gallagher v. Clafington, Inc., 7 A.D.2d 627;...

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