Naylor v. Heffernan

Order unanimously reversed, without costs of this appeal to either party, and motion granted, without costs. Memorandum: The denial of the motion on the papers before the court was an improvident exercise of discretion. (Appeal from order of Onondaga Special Term, denying defendant’s motion to dismiss the action on ground that plaintiff has failed to prosecute the same diligently.) Present—Williams, P. J., Bastow, Goldman, Henry and Del Veeehio, JJ.