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ROSE v. ROSE

18 Misc.2d 965 (1959)

Billy Rose, Plaintiff, v. Sheila Rose et al., Defendants.

Supreme Court, Queens County.

May 1, 1959.

Attorney(s) appearing for the Case

Oswald Vischi, Lawrence H. King and George Greenstein for plaintiff.

Millard & Greene (Benjamin Cohen of counsel), for defendants.

L. BARRON HILL, J.

This is a motion to dismiss the complaint for failure to diligently prosecute the action.

Plaintiff has carried his complaint to the Court of Appeals where it has been sustained (Rose v. Rose, 309 N.Y. 713). The action, by stipulation, has not been consolidated for trial with an accounting action; no motion has been made to dismiss the action for the accounting. Plaintiff is 70 years of...

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