General

Henry Warnock, as Administrator of the Estate of Francis Warnock, Deceased, Appellant, v. Francis Monje, Doing Business under the Name of Adrian Monje & Son, Respondent

1 A.D.2d 936·New York Supreme Court, Appellate Division·1956·NY

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Opinion

Henry Warnock, as Administrator of the Estate of Francis Warnock, Deceased, Appellant, v. Francis Monje, Doing Business under the Name of Adrian Monje & Son, Respondent. [MAJORITY] Orders affirmed, without costs of this appeal to either party. All concur. (Appeal from two orders of Monroe Special Term (1) granting defendant’s motion to dismiss plaintiff’s complaint for failure to prosecute, and (2) denying plaintiff’s motion to resettle the order of dismissal.) Present — McCurn, P. J., Vaughan, Wheeler, Williams and Bastow, JJ.