ROGOFF v. SCHEINBERG


22 A.D.2d 679 (1964)

Irving Rogoff, Respondent, v. Abraham Scheinberg et al., Appellants. American Jewish Literary Foundation, Inc., Third-Party Plaintiff, v. Jewish Ministers Cantors Association of America, Third-Party Defendant

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

October 29, 1964


Order, entered February 27, 1964, denying defendants' cross motion to dismiss plaintiff's action for an accounting, for failure to prosecute, pursuant to CPLR 3216, unanimously affirmed, without costs to any party.

The record contains enough to establish that for a substantial period and immediately prior to the making of the cross motion, the action was being actively prosecuted. Under the circumstances there was no prima facie showing of current delay to warrant...

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