FEE v. SCHWARTZ


17 A.D.2d 805 (1962)

Ling Sang Fee, Respondent, v. Martin Schwartz, Appellant. (Action No. 1.) Martin Schwartz, Plaintiff, v. Ling Sang Fee et al., Defendants. (Action No. 2.) Jay Botvinick, an Infant, by His Guardian ad Litem Clara Botvinick et al., Plaintiffs, v. Change Choun Zee et al., Defendants. (Action No. 3.)

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

October 25, 1962


Order, entered on March 13, 1962, denying motion by defendant to dismiss Action No. 1 for failure to prosecute, unanimously reversed on the law and on the facts and in the exercise of discretion, with $20 costs and disbursements to the appellant, and the motion granted, with $10 costs, and Actions Nos. 2 and 3 remanded to the Civil Court.

The plaintiff has failed to present any reasonable excuse for the delay in bringing this case on for trial, and has not shown that...

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