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BROWN v. PRZEBOWSKI

14 A.D.2d 812 (1961)

Gladys M. Brown, Respondent, v. Helen Przebowski, Appellant

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

October 30, 1961

Order modified by striking out the provision quoted and by granting the motion unconditionally. As so modified, order affirmed, with $10 costs and disbursements to defendant.

In view of the plaintiff's failure to set forth any facts showing merit in her action or excusing her delay in the prosecution thereof, it was an improvident exercise of discretion not to grant the motion unconditionally (cf. Moebus v. Tishman Co., 5 A.D.2d 786

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