PRIETO v. SANCHEZ


19 A.D.2d 789 (1963)

Florencia Prieto et al., Respondents, v. Jose L. Sanchez, Appellant

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

September 26, 1963


Order, entered on August 13, 1962, granting, conditionally, defendant's motion to dismiss for failure to prosecute, unanimously modified, on the law and in the exercise of discretion, so as to grant the motion to dismiss unconditionally, with $10 costs, and, as so modified, affirmed, with $20 costs and disbursements to the appellant. The Clerk is directed to enter judgment accordingly.

Plaintiffs are given leave to move, within 30 days after entry of judgment, to...

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