J. BOGAT & CO., INC. v. HAMILL


23 A.D.2d 755 (1965)

J. Bogat & Co., Inc., Respondent, v. John H. Hamill, Appellant

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

April 30, 1965


Order, entered on March 22, 1965, insofar as it denied defendant's motion to strike the action from the calendar, unanimously modified, on the law, on the facts, and in the exercise of discretion, to the extent of permitting defendant to complete its pretrial proceedings, and, as so modified, affirmed, without costs or disbursements.

In all the circumstances, including the nature of the action and the prior delay, we conclude that the refusal to strike the action...

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