General
Solomon Kirkwood, as Administrator of the Estate of Henry D. Kirkwood, Deceased, Respondent, v. Albert Dallas, Defendant, and George Cheatham, Appellant
11 A.D.2d 926·New York Supreme Court, Appellate Division·1960·NY
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Opinion
Solomon Kirkwood, as Administrator of the Estate of Henry D. Kirkwood, Deceased, Respondent, v. Albert Dallas, Defendant, and George Cheatham, Appellant.
[MAJORITY]
Order, dated May 26, 1960, as denies defendant’s motion to dismiss the above-entitled action for lack of prosecution, affirmed, without costs. Concur — Botein, P. J., Breitel and Rabin, JJ.; Valente and McNally, JJ., dissent and vote to reverse and grant the motion to dismiss. No opinion.