LASNER v. LEFRAK ORG.


23 Misc.2d 916 (1960)

Seymour Lasner et al., Respondents, v. Lefrak Organization, Inc., et al., Appellants.

Supreme Court, Appellate Term, Second Department.

January 20, 1960.


Attorney(s) appearing for the Case

Bernard Helfenstein and Jerome Remer for Lefrak Organization, Inc., appellant. Emanuel Morganbesser and Sabina Dia for Poly Construction Co., Inc., appellant. No appearance for respondents.

Concur — HART, DI GIOVANNA and BROWN, JJ.


Per Curiam.

Order denying the motion of defendant Lefrak Organization, Inc., to dismiss the complaint as to it for failure to prosecute unanimously reversed upon the law, with $10 costs and taxable disbursements, and motion granted. Respondents failed to present facts showing a reasonable excuse for the delay of 20 months after joinder of issue before noticing the case for trial. Counsel's explanation that the delay was caused by a change of personnel in his...

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