HORN v. COOLEY


30 A.D.2d 738 (1968)

James L. Horn, Respondent, v. Elbert R. Cooley, Appellant

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

June 27, 1968


MEMORANDUM BY THE COURT.

On March 3, 1967 defendant moved to dismiss the complaint for unreasonable neglect in prosecuting the action. The motion was heard on March 17, 1967 and an order denying the motion was made on March 27, 1967. No affidavit of merits was submitted upon the argument of the motion or served upon appellant's attorney. Defendant appealed from the order and upon a motion made by plaintiff to resettle the record on appeal, the court below granted...

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