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ROE v. KURKHILL

6 A.D.2d 716 (1958)

Grant A. Roe, Respondent, v. Martin A. Kurkhill et al., Doing Business as Tiffany Metal Products, Appellants

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

May 19, 1958

Order reversed, with $10 costs and disbursements, and motion granted, without costs.

Respondent failed to present a reasonable excuse for the delay of over five years in bringing the action on for trial and failed to present facts showing merit in his action. The denial of the motion was therefore an improvident exercise of discretion (Cooperman v. Princeton Realty Corp., 3 A.D.2d 850

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