# Nickerson v. Brown

> Appellate Division of the Supreme Court of the State of New York · December 16, 1957 · 5 A.D.2d 688

URL: https://www.frixlaw.com/law-library/cases/5699880

## Case

- **Full name:** Joseph A. Nickerson v. Stanley D. Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** December 16, 1957
- **Citations:** 5 A.D.2d 688; 169 N.Y.S.2d 435; 1957 N.Y. App. Div. LEXIS 3620
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Beldoek, Denied, Discretion, Exercise, Grant, Hallinan, Kleinfeld, Motion, Murphy, Nolan, Presented, That, Vote
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5699880

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5699880. Public record. Not legal advice.