MALONEY v. SPRINGFIELD DEV. CO., INC.


20 A.D.2d 526 (1963)

Floyd Maloney, Respondent, v. Springfield Development Co., Inc., Appellant

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

December 10, 1963


Order, entered on June 28, 1963, denying defendant's motion to dismiss personal injury negligence action for failure to prosecute, unanimously reversed, on the law, the facts, and in the exercise of discretion, with $20 costs and disbursements to the appellant, and the motion granted, with $10 costs.

The accident occurred March 12, 1960. Action was begun July 5, 1960 and issue was joined September 28, 1960. For a period of 31 months after the joinder of issue nothing...

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