Appellate Terms of the Supreme Court of New York, 1916

Film Exchange v. United States Fidelity & Guarantee Co.

Appellate Terms of the Supreme Court of New York · Decided October 17, 1916 · Shearn

160 N.Y.S. 1019 (New York Supplement)

Counsel

John Manheimer, of New York City, for appellant., Chambers & Chambers, of New York City (W. Gerald Phlippeau, ol New York City, of counsel), for respondent.

Opinion of the Court

SHEARN, J.

It clearly appears that the delay complained of was solicited by the defendant and was secured under promises that were never fulfilled; further, that defendant’s attorneys rewarded the consent of plaintiff’s counsel for one final week of delay by utilizing the time to bring on a motion to dismiss for failure to prosecute.

The order of dismissal is reversed, with $10 costs and disbursements, and motion denied, with $10 costs. All concur.

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