MULINOS v. COLISEUM CONST. CORP.


22 A.D.2d 163 (1964)

Lillian Mulinos et al., Respondents, v. Coliseum Construction Corp., Appellant

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

December 8, 1964.


Attorney(s) appearing for the Case

Sidney Advocate of counsel (Bachkoff, Miller & Steger, attorneys), for appellant.

Andrew A. Gore of counsel (Nathan Feinstein, attorney), for respondents.

BREITEL, J. P., VALENTE, McNALLY, EAGER and STEUER, JJ., concur.


Per Curiam.

On this motion to dismiss for lack of prosecution, it is quite clear that prosecution of the action was unreasonably delayed and no satisfactory explanation of the delay was tendered. Nor was any proper affidavit of merits submitted. In short, the situation presented is one of a claim lacking merit which has been consequently neglected. These facts show an intention not to pursue the claim, which intent...

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