HOFFMAN v. CAFARIELLA


20 A.D.2d 524 (1963)

Herman Hoffman, as Assignee for the Benefit of Creditors of Farmingdale Plumbing & Heating Supply Co., Inc., Respondent, v. Anthony Cafariella, Appellant

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

December 10, 1963


Order, entered on July 18, 1963, denying defendant's motion to dismiss goods sold and delivered action for failure to prosecute, unanimously reversed on the law, the facts, and in the exercise of discretion, with $20 costs and disbursements to appellant, and the motion granted, with $10 costs.

Plaintiff assignee for the benefit of creditors began this action in June, 1955, seeking recovery of $1,009.89 for goods sold and delivered by assignor to defendant

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