ISABELLA v. LAIR SERV. CORP.


12 A.D.2d 925 (1961)

Florio Isabella, Respondent, v. Lair Service Corp., Appellant, et al., Defendants

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

February 28, 1961


Order, entered on March 7, 1960, denying the motion of defendant-appellant to dismiss the complaint in a personal injury action for failure to prosecute, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to appellant, and the motion granted, with $10 costs.

Plaintiff-respondent has not demonstrated that his delay in filing a note of issue is reasonable or that he has a meritorious...

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