HAWTHORNE v. ROYAL LAND DEV. CORP.


27 A.D.2d 725 (1967)

Charlie Hawthorne, Respondent, v. Royal Land Development Corp., Appellant

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

February 21, 1967


Order entered October 6, 1966, herein appealed from, unanimously reversed, on the law and in the exercise of discretion, with $30 costs and disbursements to appellant, and the motion to dismiss granted, with $10 costs.

The accident allegedly happened June 5, 1963. Action was commenced April 24, 1964, and issue joined June 1, 1964. Since that time no further steps have been taken. Plaintiff defaulted with respect to a physical examination, failed to oppose the motion...

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