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Appellate Terms of the Supreme Court of New York, 1956

Caudle v. City of New York

Caudle v. City of New York
Appellate Terms of the Supreme Court of New York · Decided November 29, 1956
5 Misc. 2d 941; 158 N.Y.S.2d 822; 1956 N.Y. Misc. LEXIS 1365

Counsel

Peter Campbell Brown, Corporation Counsel (Abraham Satran of counsel), for appellant., John A. Murray for respondent.

Caudle v. City of New York

Opinion of the Court

Per Curiam.

No reasonable excuse for the failure to prosecute the action with diligence was shown. In the circumstances, the denial of the motion to dismiss for failure to proceed with diligence was an improvident exercise of discretion (Hyde & Sons v. Roller Derby Skate Co., 1 A D 2d 942).

The order should be reversed, with $10 costs and disbursements, and motion granted. Appeal from order dated April 17, 1955 dismissed.

Hoestadter, Aurelio and Tilzer, JJ., concur.

Order reversed, etc.

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