Loog v. Mace
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York. Action by John Loog against Arthur J,.Mace and others. Erom an order of the City Court, denying the motion of defendant Eugene G. Gwyer to dismiss the complaint for failure to prosecute, he.appeals.
1Opinion of the CourtLehman, J.
The defendant having brought himself within the provisions of the Code of Civil Procedure and the General Rules of Practice, which justify the court in dismissing the complaint for failure to prosecute where younger issues have been tried, no excuse having been offered, for the delay, the motion should have been granted. Me*183Grath v. Murtha & Schmohl Co., 128 App. Div. 278, 112 N. Y. Supp. 679.
The order should therefore be reversed, with $10 costs and disbursements, and the motion granted, with $10 costs in the court below. All concur.
2Cases cited1 opinion
- McGrath v. Murtha & Schmohl Co.Appellate Division of the Supreme Court of the State of New York · 1908