Appellate Division of the Supreme Court of New York, 1959

Zdolinski v. Kreuger Trucking Co.

Zdolinski v. Kreuger Trucking Co.
Appellate Division of the Supreme Court of New York · Decided April 8, 1959
8 A.D.2d 684; 185 N.Y.S.2d 254; 1959 N.Y. App. Div. LEXIS 9282
Zdolinski v. Kreuger Trucking Co.

Opinion of the Court

Orders affirmed, without costs of this appeal to any party. All concur, except Bastow, J., who dissents and votes for reversal of the orders appealed from on the ground that the determinations of Special Term were an abuse of discretion. (Appeal from two orders of Brie Special Term (1) denying plaintiff’s motion to restore the action to the General Calendar, and (2) granting defendants’ motion to dismiss plaintiff’s complaint for failure to prosecute, in a negligence action.) Present — Kimball, J. P., Williams, Bastow, Goldma'n and Halpem, JJ.

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