Appellate Division of the Supreme Court of New York, 1961

Downey v. Manhattan Center, Inc.

Downey v. Manhattan Center, Inc.
Appellate Division of the Supreme Court of New York · Decided February 7, 1961
12 A.D.2d 899; 212 N.Y.S.2d 718; 1961 N.Y. App. Div. LEXIS 12797
Downey v. Manhattan Center, Inc.

Opinion of the Court

Order entered on August 4, 1960, denying defendant’s motion to dismiss the complaint for lack of prosecution, unanimously reversed, with $20 costs and disbursements to appellant, and defendant’s motion to dismiss the complaint for failure to prosecute granted, with $10 costs. The record fails to establish any reasonable basis for excusing the inordinate and unwarranted delay in the prosecution of the action. Concur — Botein, P. J., Breitel, Rabin, Eager and Bastow, JJ.

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