WHITE v. GOOD OPERATING CORP.


19 A.D.2d 802 (1963)

Malvin White, Respondent, v. Good Operating Corp., Appellant

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

October 3, 1963


Order, entered on November 19, 1962, denying motion to dismiss for lack of prosecution, unanimously reversed, on the law and on the facts and in the exercise of discretion, with $20 costs and disbursements to appellant, and the motion to dismiss the complaint granted, with $10 costs.

Plaintiff failed, except feebly, to explain or excuse a delay of 73 months between the time of joinder of issue and the serving and filing of a note of issue (see Seymour v. Lake Shore...

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