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LAKOWITZ v. MARLIN GARDENS, INC.

5 A.D.2d 981 (1958)

Anna Lakowitz et al., Respondents, v. Marlin Gardens, Inc., Appellant

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

April 15, 1958

The papers clearly indicate a disregard of the repeated admonition that on a motion of this kind there must be a substantial demonstration of a valid excuse or a justification for the failure to proceed expeditiously with the action, and, in addition, there must be an affidavit of merits by the plaintiff. (See Rist v. 234 East 33rd Corp., 4 A.D.2d 867; Hyde & Sons v. Roller Derby Skate Co., 1 A.D.2d 942...

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