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GRAY v. YALE TRANSP. CORP.

11 A.D.2d 1072 (1960)

William E. Gray, Respondent, v. Yale Transport Corp. et al., Appellants

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

October 31, 1960

Orders reversed, with one bill of $10 costs and disbursements to each defendant; and the motion of each defendant to dismiss is granted, with $10 costs on each motion.

In the absence of facts sufficient to excuse plaintiff's delay in the prosecution of the action and plaintiff's failure to serve a complaint; and in the absence of facts sufficient to show that plaintiff has a meritorious cause of action, it is an improvident...

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