KEATING v. SMITH


20 A.D.2d 141 (1963)

J. Roy Keating, Respondent, v. Muriel Smith, Appellant

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

December 23, 1963.


Attorney(s) appearing for the Case

Casper B. Ughetta (Richard D. Smith of counsel), for appellant.

Torrisi & Langer (George Berger of counsel), for respondent.

KLEINFELD, Acting P. J., CHRIST, BRENNAN, HILL and HOPKINS, JJ., concur.


Per Curiam.

In the light of the recent enactment of rule 3216 of the Civil Practice Law and Rules, we deem it advisable to direct attention to our present requirements with respect to motions to dismiss a complaint for unreasonable neglect in the prosecution of an action.

On such a motion the plaintiff is required to show: (1) a reasonable excuse or justification for the delay; and (2) that the cause of action has merit. A mere recital of the conclusory...

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