MIRANDA v. CITY OF NEW YORK


13 A.D.2d 723 (1961)

Marie E. Miranda, as Administratrix of The Estate of Carmen R. Pellott and Another, Deceased, Respondent, v. City of New York et al., Appellants

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

May 2, 1961


Order entered on September 8, 1960, denying a motion to dismiss for lack of prosecution, unanimously reversed on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to appellants and the motion granted, with $10 costs.

The reasons offered by the plaintiff are insufficient to excuse the 21-month delay (see Harrington v. Kaufman, 5 A.D.2d 195;...

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