Appellate Terms of the Supreme Court of New York November 24, 1908 (Schulz v. Griffith)

MacEEAN, J.

The defendant appeals from an order dated June 29, 1906, denying her motion to dismiss the complaint herein for failure to prosecute. It appears that issue was joined on March 10, 1906, and that defendant’s attorney requested the attorney 'for the plaintiffs “not to prosecute the action against the defendant, as she was a woman who had just lost her husband, and that she had been left