Appellate Division of the Supreme Court of New York, 1934

Neon Light Co.v. Cosmopolitan Playhouse, Inc.

Neon Light Co.v. Cosmopolitan Playhouse, Inc.
Appellate Division of the Supreme Court of New York · Decided June 15, 1934
242 A.D. 646
Neon Light Co.v. Cosmopolitan Playhouse, Inc.

Opinion of the Court

Order denying defendants’ motion to dismiss the complaint for lack of proseention reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Plaintiff failed to excuse satisfactorily its extreme delay in bringing the ease to trial. The appeal from the order denying defendants’ motion for reargument of above motion and the appeal from the order denying their motion to Strike the ease from the Trial Term calendar are dismissed, without costs. Lazansky, P, J., Young, Hagarty, Scudder and Davis, JJ., concur.

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