Appellate Division of the Supreme Court of New York, 1913

Johnt v. Stone

Johnt v. Stone
Appellate Division of the Supreme Court of New York · Decided November 15, 1913
159 A.D. 936; 144 N.Y.S. 1122
Johnt v. Stone

Opinion of the Court

Order reversed, without costs, except disbursements, and motion to dismiss the complaint granted. Held, that the delay in the prosecution of the action was unreasonable, and in view of the reversal of the judgment and the death of the defendant’s husband, with whom all of the business out of which the matters in controversy arise was transacted, the order denying the motion should be reversed and the complaint dismissed, but without costs, except disbursements, as a full bill of costs is awarded upon the reversal of the judgment. All concurred.

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