MANNING v. BURK


19 A.D.2d 797 (1963)

Olive Manning, Appellant, v. William J. Burk et al., Respondents

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

September 20, 1963


Order of April 20, 1960, insofar as appealed from, unanimously reversed, without costs of this appeal to either party, and motion granted, without costs. Order of April 6, 1959, unanimously reversed and the judgment based thereon vacated, without costs.

Memorandum:

While we do not condone the unseemly delay in the prosecution of this action by the plaintiff and her attorney, nevertheless, under all the facts and circumstances of the case, in the exercise of...

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