DEVLIN v. 80-34 AVE. CORP.


19 A.D.2d 716 (1963)

Mae Devlin, Respondent, v. 80-34 Avenue Corporation, Appellant

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

July 1, 1963


Order, insofar as appealed from, reversed without costs; and defendant's motion to dismiss the action for lack of prosecution granted, and complaint dismissed.

In our opinion, plaintiff has failed to offer a reasonable, adequate excuse for her failure to diligently proceed with the prosecution of this action. Issue was joined on October 6, 1960. The defendant's motion to dismiss the action pursuant to statute and rule (Civ. Prac. Act, § 181; Rules Civ. Prac....

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