Thiemsen v. Fishes

Appeal from order denying motion to dismiss action for want of prosecution. Order, in so far as appealed from, reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, without costs. The plaintiff has been grossly dilatory and the denial of defendant’s motion was an improvident exercise of discretion. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.