COLSON v. SHAPIRO


9 A.D.2d 612 (1959)

Mary K. Colson, Respondent, v. Charles Shapiro et al., Individually and Doing Business as Getshap Realty Company, Appellants

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

September 22, 1959


Order [1692] modified on the facts and the law and in the exercise of discretion to grant defendants' motion to dismiss for lack of prosecution, unconditionally, with costs.

Where there has been undue delay in prosecuting an action, it is incumbent upon the plaintiff, in resisting a motion to dismiss for failure to prosecute, to show a satisfactory reason for such delay. (Lakowitz v. Marlin Gardens, 5 A.D.2d 981.) The plaintiff...

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