EARL v. LAWRENCE


35 A.D.2d 807 (1970)

Caroline R. Earl, as Executrix of Samuel D. Earl, Deceased, Appellant, v. William V. Lawrence, as Administrator of The Estate of Arthur W. Lawrence, II, Deceased, Respondent

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

November 24, 1970


Appellant shall recover of respondent $30 costs and disbursements of this appeal.

Although the Trial Justice acted herein with most commendable zeal in the disposition of the cases on his calendar, and our action in no way derogates from his meritorious performance in this respect, nevertheless, we feel the infliction of the supreme penalty of dismissal was not completely warranted in this case. Actually, the attorney for the plaintiff was ready for trial, his witnesses...

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