General
Elizabeth R. Marean, Plaintiff, and William H. Good and Andrew F. Van Thun, Jr., as Executors, etc., of Josiah T. Marean, Deceased, Respondents, v. John Scheepers, Appellant
237 A.D. 825·New York Supreme Court, Appellate Division·1932·NY
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Opinion
Elizabeth R. Marean, Plaintiff, and William H. Good and Andrew F. Van Thun, Jr., as Executors, etc., of Josiah T. Marean, Deceased, Respondents, v. John Scheepers, Appellant.
[MAJORITY]
Order reversed on the law and the facts, with ten dollars costs and disbursements, and defendant’s motion to dismiss the complaint for lack of prosecution granted, with ten dollars costs. In our opinion the plaintiffs’ delay in not restoring the cause to the trial calendar between February, 1926, and September, 1932, was unreasonable and unjustifiable. Lazansky, P. J., Young, Seudder and Tompkins, JJ., concur; Kapper, J., dissents and votes to affirm. [See post, p. 829.]