ROBBINS v. THREE FIFTY TWO REALTY CORP.


13 A.D.2d 489 (1961)

Lucille Robbins, Respondent, v. Three Fifty Two Realty Corporation, Appellant, et al., Defendant

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

March 28, 1961


Order, entered on January 11, 1961, denying motion to dismiss the complaint for failure to prosecute, unanimously reversed, on the law and on the facts, and as a matter of discretion, with $20 costs and disbursements to the appellant, and the motion to dismiss the complaint granted, with $10 costs.

The excuse offered for the delay of 20 months in placing the case on the calendar after issue was joined was not credibly explained. It was, in fact, belied by the immediate...

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