Appellate Division of the Supreme Court of New York, 1958

Saikley v. Thomas

Saikley v. Thomas
Appellate Division of the Supreme Court of New York · Decided October 17, 1958
7 A.D.2d 615; 178 N.Y.S.2d 1014; 1958 N.Y. App. Div. LEXIS 4580
Saikley v. Thomas

Opinion of the Court

Judgment modified by striking therefrom the words “ unreasonable neglect” and substituting therefor the word “failure”, and as modified affirmed, without costs of this appeal to any party. All concur. (Appeal from order and/or judgment of Monroe Equity Term dismissing plaintiffs’ complaint on the ground of unreasonable neglect to proceed, in an action to impress trust on realty.) Present — MeCurn, P. J., Kimball, Williams, Goldman and Halpem, JJ.

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