Bowery Bank v. Hart

Clarke, J.:

This is an action in equity for the foreclosure of a mortgage. Issue was joined October, 1901; plaintiff had judgment February 17, 1902; upon appeal to this court Said judgment was reversed and a new trial ordered, with costs to abide the event, December 5, 1902. (77 App. Div. 121.) Plaintiff failed to proceed with the action, and by order of July 10, 1911, the Special Term granted amotion to dismiss upon the ground of want of prosecution, “with all taxable costs and disbursements to defendants to date, together with $10 costs of this motion. ” Thereupon defendants served a bill of…