GIRARDON v. FOA


286 A.D. 809 (1955)

Giovanni Girardon, Respondent, v. Joseph Foa, Appellant

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

June 14, 1955.


In the present record, no reasonable excuse has been offered by plaintiff for the delay of some six years in prosecuting this action, nor has plaintiff set forth facts showing that he has a meritorious cause of action. The cross motion to dismiss the complaint for lack of prosecution should accordingly have been granted.

Order unanimously reversed, the motion for permission to amend the complaint is denied and the cross motion to dismiss for lack of prosecution is...

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