KIPPEN & CO., INC. v. STAHL


27 A.D.2d 650 (1967)

Kippen & Company, Inc., Appellant, v. Charles R. Stahl et al., Respondents

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

January 19, 1967


Order entered October 7, 1966 denying plaintiff's motion to dismiss the counterclaims of defendants, Stahl and Canamet, unanimously reversed on the law and the facts, with $30 costs and disbursements to the appellant, and the motion granted, with $10 costs.

The record indicates a delay of some 32 months in prosecuting the counterclaims here involved. There is no reasonable or justifiable excuse given for such delay and, accordingly, in the circumstances of this case...

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