RIST v. 234 EAST 33RD CORP.


4 A.D.2d 867 (1957)

Grace Rist, Respondent, v. 234 East 33rd Corp., Appellant

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

October 22, 1957


Order unanimously reversed on the facts and as a matter of discretion, with $20 costs and disbursements to the appellant, and the motion granted, and judgment is directed to be entered dismissing the complaint, with costs.

Despite recent admonitions by this court that on a motion such as this there must be a substantial showing of valid excuse or justification for delay, together with an affidavit of merits by the party plaintiff (Hyde & Sons v. Roller Derby...

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