Opinion

Nickerson v. Brown

5 A.D.2d 688
169 N.Y.S.2d 435
1957 N.Y. App. Div. LEXIS 3620

Court: Appellate Division of the Supreme Court of the State of New York
Filed: Dec 16, 1957
Status: Published
On the bench: Beldoek, Denied, Discretion, Exercise, Grant, Hallinan, Kleinfeld, Motion, Murphy, Nolan, Presented, That, Vote
Cited by: 0 cases

The opinion

In an action for an accounting and for other relief, the appeal is from an order denying a motion to dismiss the complaint, pursuant to section 181 of the Civil Practice Act and rule 156 of the Rules of Civil Practice, for failure diligently to prosecute the action. Order affirmed, with $10 costs and disbursements. No opinion.

Beldoek, Hallinan and Kleinfeld, JJ., concur; Nolan, P. J., and Murphy, J., dissent and vote to reverse the order and to grant the motion on the ground that it was, on the facts presented, an improvident exercise of discretion to have denied the motion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.