General
Cavac Compania Anonima Venezolana de Administracion y Comercio, Respondent, v. Nancy C. Stanley, as Administratrix of the Estate of Stanley T. Stanley, Deceased, Defendant, and Leopold Wellisz et al., Appellants
12 A.D.2d 460·New York Supreme Court, Appellate Division·1960·NY
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Opinion
Cavac Compania Anonima Venezolana de Administracion y Comercio, Respondent, v. Nancy C. Stanley, as Administratrix of the Estate of Stanley T. Stanley, Deceased, Defendant, and Leopold Wellisz et al., Appellants.
[MAJORITY]
Order, entered on September 9, 1960, denying the motion of defendant-appellant Wellisz and the cross motion of defendant-appellant Witenberg to dismiss the complaint for lack of prosecution, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to the appellants, and the respective motions to dismiss the complaint for lack of prosecution are granted, with $10 costs, with leave to the plaintiff to move to vacate the dismissal upon proper papers, including an affidavit of merits. Concur-—Rabin, J. P., Yalente, McNally, Stevens and Eager, JJ.