Appellate Division of the Supreme Court of New York, 1938

Gellman v. Coulawtas

Gellman v. Coulawtas
Appellate Division of the Supreme Court of New York · Decided February 18, 1938
253 A.D. 910; 2 N.Y.S.2d 176; 1938 N.Y. App. Div. LEXIS 9220
Gellman v. Coulawtas

Opinion of the Court

Order denying motion to dismiss an action for failure to prosecute, on conditions, reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, without costs. In our opinion, a delay of well over two years after joinder of issue, during which time a cause of action has not been noticed for trial, and without any excuse therefor, requires dismissal. Lazansky, P. J., Hagarty, Davis, Johnston and Close, JJ., concur.

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