Appellate Division of the Supreme Court of New York, 1949

Village of Ardsley v. Aetna Casualty & Surety Co.

Village of Ardsley v. Aetna Casualty & Surety Co.
Appellate Division of the Supreme Court of New York · Decided January 31, 1949
274 A.D. 1075; 85 N.Y.S.2d 706; 1949 N.Y. App. Div. LEXIS 6121
Village of Ardsley v. Aetna Casualty & Surety Co.

Opinion of the Court

In an action to reform a certificate of continuance of a surety bond, and a surety bond, and to recover thereon as reformed, order denying, conditionally, appellant’s motion to dismiss the complaint for failure to prosecute the action, reversed on the law and the facts, with $10 costs and disbursements, and the motion granted, without costs. There was a delay of approximately three years, and younger issues have been tried. There is no meritorious showing that the delay was not unreasonable. Johnston, Acting P. J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.

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