Appellate Division of the Supreme Court of New York, 1964

M & S Gasoline Service, Inc. v. Texas Co.

M & S Gasoline Service, Inc. v. Texas Co.
Appellate Division of the Supreme Court of New York · Decided May 5, 1964
21 A.D.2d 644; 249 N.Y.S.2d 246; 1964 N.Y. App. Div. LEXIS 3879
M & S Gasoline Service, Inc. v. Texas Co.

Opinion of the Court

Orders, entered on February 11, 1964, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to appellants, the motion to dismiss for lack of prosecution *645granted, with $10 eosts. This action was commenced in May, 1957, and issue joined in September, 1957. Activity has been intermittent and occasional. In June, 1962, there was a substitution o£ plaintiffs’ attorney and there the matter rested until December, 1963, when there was service of a note of issue and statement of readiness. Ho reasonable excuse is shown for the delay and for the failure to prosecute. (CPLR 3216; Sortino v. Fisher, 20 A D 2d 25.) Concur—Botein, P. J., Breitel, Valente, Stevens and Eager, JJ.

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