Appellate Division of the Supreme Court of New York, 1961

Zoellner v. Neumann

Zoellner v. Neumann
Appellate Division of the Supreme Court of New York · Decided June 20, 1961
13 A.D.2d 935; 217 N.Y.S.2d 503; 1961 N.Y. App. Div. LEXIS 10096
Zoellner v. Neumann

Opinion of the Court

Motion for leave to reargue or for an order *936dismissing the appeal denied without prejudice to. an application by the defend-, ant to dismiss the action for failure to prosecute it in the event the plaintiff fails promptly to take the necessary steps to restore this cause to the Trial Calendar or, without legal cause, .she is not ready to proceed with the trial thereof when the cause is reached in regular order. Concur—Botein, P. J., Rabin, McNally and Stevens, JJ.

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