DE LONG CORP. v. J. RICH STEERS, INC.


10 A.D.2d 705 (1960)

De Long Corporation, Respondent, v. J. Rich Steers, Inc., Appellant, et al., Defendant De Long Corporation, Respondent, v. Morrison-Knudsen Company, Inc., Appellant, et al., Defendant

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

March 29, 1960


Orders unanimously reversed on the law and in the exercise of discretion, with $20 costs and disbursements on each appeal, and the motions granted, with $10 costs on each motion, but with leave to plaintiff to move to vacate the dismissal upon proper papers including an affidavit of merits by the party plaintiff.

The separate appeals of the defendants from the orders of Special Term, which denied defendants' motion to dismiss the complaints for failure to prosecute...

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