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AM. SUR. CO. OF NEW YORK v. SOLOMON

9 A.D.2d 734 (1959)

American Surety Company of New York, Respondent, v. Frank Solomon, Defendant, and Samuel W. Paul, Appellant

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

November 4, 1959

Order unanimously reversed on the facts and on the law and in the exercise of discretion, with $20 costs and disbursements to the appellant, and the motion to dismiss granted, with $10 costs.

The plaintiff gives no explanation for its failure to take any affirmative action in this suit for 29 months. (See Gallagher v. Clafington, Inc., 7 A.D.2d 627.) However, leave is granted to the plaintiff to move to vacate the dismissal...

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