NIETZEL v. PORT OF NEW YORK AUTH.


20 A.D.2d 821 (1964)

Robert L. Nietzel, Appellant, v. Port of New York Authority, Respondent

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

March 30, 1964


Order affirmed, without costs (Conlon v. Andreou, 20 A.D.2d 717; Keating v. Smith, 20 A.D.2d 141).

Kleinfeld, J., dissents and votes to reverse the order and to deny the motion, with the following memorandum:

Defendant did not move to dismiss for lack of prosecution of the action until after plaintiff had served a note of issue and statement of readiness. Defendant...

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