BAILEY v. CENT. DRY CLEANING CO.


4 A.D.2d 1007 (1957)

Gladys W. Bailey, Respondent, v. Central Dry Cleaning Co., Appellant Helen G. Wark, Respondent, v. Central Dry Cleaning Co., Appellant Ruth Mann, Respondent, v. Central Dry Cleaning Co., Appellant Marian T. Dann, Respondent, v. Central Dry Cleaning Co., Appellant Lloyd D. Newman, Respondent, v. Central Dry Cleaning Co., Appellant Reginald B. Taylor et al., Respondents, v. Central Dry Cleaning Co., Appellant

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

November 15, 1957


Order reversed in the exercise of discretion, without costs of this appeal to any party, and motion denied, without costs.

Memorandum:

The discretion of Special Term in excusing the defaults of the plaintiffs was not providently exercised. They delayed for 28 months after receiving notices of appearance before endeavoring to serve the complaints. The defendant was justified in refusing to accept service. It is undisputed that some two months after receiving...

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