RODRIGUEZ v. COTSWOLD MANOR, INC.


31 A.D.2d 610 (1968)

Pedro Rodriguez, Respondent, v. Cotswold Manor, Inc. Appellant

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

December 10, 1968


Order, entered on June 14, 1968, denying defendant's renewed motion to dismiss for failure to prosecute, unanimously reversed on the law, on the facts and in the exercise of discretion, with $30 costs and disbursements to defendant-appellant and motion granted.

An earlier motion to dismiss for failure to prosecute, made after service of the requisite 45-day notice, was denied by Special Term, with leave to renew if plaintiff failed to place this action upon the calendar...

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