SMITH v. 1630 GRAND AVE. CORP.


8 A.D.2d 705 (1959)

Yetta Smith et al., Respondents, v. 1630 Grand Avenue Corporation, Appellant

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

May 12, 1959


Order granting plaintiffs' motion to vacate a dismissal of the complaint for lack of prosecution and vacating the judgment of dismissal entered thereon unanimously reversed, on the facts and in the exercise of discretion, with $20 costs and disbursements to defendant-appellant, and the motion denied, with $10 costs. There has been insufficient excuse presented for the delay in this case. (Gallagher v. Clafington, Inc., 7 A.D.2d 627

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