MOEBUS v. PAUL TISHMAN CO. INC.


5 A.D.2d 786 (1958)

Bertrand E. Moebus, Respondent, v. Paul Tishman Co. Inc., et al., Appellants, and Horn Construction Co., Respondent, et al., Defendant

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

January 20, 1958


Order reversed, with $10 costs and disbursements, and motion granted to the extent of dismissing (1) the complaint as to appellants and respondent Horn Construction Co. and (2) dismissing the cross complaint.

In view of the failure of respondent Moebus to set forth any facts showing merit in his action or excusing his delay in the prosecution thereof, it was an improvident exercise of discretion by the learned Special Term to have denied the motion (Brassner Mfg...

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