RUDERMAN v. FEFFER


10 A.D.2d 704 (1960)

Harry Ruderman et al., as Administrators of The Estate of Preston Morris, Deceased, Respondents, v. Nathan Feffer, Appellant, et al., Defendants

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

March 29, 1960


Order unanimously reversed, on the law and on the facts, and in the exercise of discretion, and the motion to dismiss for lack of prosecution granted, without costs.

Plaintiffs if they be so advised, are given leave to move to vacate the dismissal on a proper affidavit of merits. The consequences of the inordinate delay in the prosecution of this cause must be shared by both parties. After July 1, 1953, the date of death of the plaintiffs' decedent, this action abated...

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