Raber v. Schweitzer

214 A.D. 759 | N.Y. App. Div. | 1925

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, on the grounds that a case was made out under section 181 of the Civil Practice Act for the dismissal of the complaint for failure to proceed, inasmuch as more than ten years have elapsed since the joinder of issue without any attempt to move the case for trial and no excuse is offered for the delay. All concur. Present — Hubbs, P. J., Davis, Sears, Crouch and Taylor, JJ.