Rockwell v. Locker

In an action to recover damages for alleged *723slander (Action No. 1), defendant Locker appeals from so much of an order of the Supreme Court, Queens County, made February 5, 1963 on reargument, as adhered to its original decision conditionally denying said defendant’s motion to dismiss the complaint for failure to prosecute. Order, insofar as appealed from, reversed, with $10 costs and disbursements; defendant’s motion to dismiss the complaint in Action No. 1 granted; and complaint in said action dismissed. The proffered excuse that plaintiff in Action No. 1 was waiting for the conclusion of…