O'ROURKE v. CITY OF NEW YORK


3 A.D.2d 713 (1957)

Walter O'Rourke, Respondent, v. City of New York, Appellant

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

February 4, 1957


Order reversed, without costs, and motion granted, without costs.

Respondent failed to present facts showing any reasonable excuse for the delay of 28 months after joinder of issue in bringing the case on for trial. The denial of the motion conditionally was, therefore, an improvident exercise of discretion. (Smith v. Schiller, 279 App. Div. 755; Johnson v. Moody's Investors Service, 285 App. Div. 966; Mazor v. Oceana Realty Corp., 286 App. Div...

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