TOPP v. CASCO PRODS. CORP.


8 A.D.2d 727 (1959)

Harry Topp, Respondent, v. Casco Products Corp., Appellant

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

May 4, 1959


Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs.

Respondent failed to present facts showing any reasonable excuse for his delay of more than three years after joinder of issue in bringing the cause on for trial, or to make an adequate, if any, showing of merits. The motion therefore should have been granted in the exercise of discretion even though respondent filed and served a note of issue after the notice of motion to dismiss...

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