FLETCHER v. B. F. GOODRICH CO.


276 A.D. 844 (1949)

Alfred E. Fletcher, Respondent, v. B. F. Goodrich Company, Appellant

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

December 5, 1949.


Order granting respondent's motion for leave to open his default and to serve a complaint, reversed on the law and the facts, without costs, and motion denied, without costs. Order denying appellant's motion to dismiss the action for failure to prosecute, reversed on the law and the facts, with $10 costs and disbursements, and motion granted, without costs.

There was a delay of nearly four years during which no complaint was served, and no showing is made that the...

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