DONOHUE v. PROGRESS MARINE CORP.


15 A.D.2d 884 (1962)

John F. Donohue, Respondent, v. Progress Marine Corporation et al., Appellants

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

March 6, 1962


Order entered on September 14, 1961 so far as appealed from unanimously reversed, on the facts and in the exercise of discretion, with $20 costs and disbursements to the appellants, and the motion granted, with $10 costs, and judgment directed to be entered dismissing the complaint, with costs.

There is no showing of a valid excuse or justification for the delay, and no affidavit of merits by the plaintiff. (Rist v. 234 East 33rd Corp., 4 A...

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