Cavac Compania Anonima Venezolana de Administracion y Comercio v. Stanley

Order, entered on August 26, 1960, denying defendant-appellant’s motion to dismiss the complaint for lack of prosecution, and order entered on September 21, 1960, granting plaintiff’s motion for an extension of time to file a note of issue, unanimously reversed, on the law, on the facts, and in the exercise of discretion, with $20 costs and disbursements to the appellant, plaintiff’s motion for an enlargement of time to file a note of issue is denied and defendant-appellant’s motion to dismiss the complaint for lack of prosecution is granted, with $10- costs, with leave to the plaintiff to…