BELL v. FIRTH CARPET CO.


279 A.D. 667 (1951)

Hilda Bell, Appellant, v. Firth Carpet Company et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 19, 1951.


Order granting defendants' motion to dismiss the complaint on the failure of plaintiff to proceed to trial when the cause was reached, reversed on the facts, without costs, the cause restored to the ready calendar for the first available term, and plaintiff directed to be ready for trial when reached. Under the circumstances of this case, it was an improvident exercise of discretion to refuse to grant plaintiff an adjournment. No terms are imposed because counsel for respondents...

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