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FARBER v. BROADCO HOLDING CORPORATION
Appellate Division of the Supreme Court of New York, Second Department.
Jan 23, 1939
Order denying, conditionally, defendant's motion to dismiss the complaint for failure to prosecute reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, without costs. The delay of well over two years after joinder of issue, during which time the cause of action was not noticed for trial, with no reasonable excuse offered for the delay, requires dismissal. Lazansky, P.J., Hagarty, Davis, Adel and Taylor, JJ., concur.
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