HOUSER v. SILVER SET REALTY CO., INC.


19 A.D.2d 554 (1963)

Katherina Houser, Respondent, v. Silver Set Realty Co., Inc., Appellant

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

May 27, 1963


Defendant contends that its motion to dismiss should have been granted unconditionally. Order, insofar as appealed from, reversed, without costs; the condition as to the filing of the note of issue is deleted; the defendant's motion is granted unconditionally; and the complaint is dismissed.

Plaintiff failed to justify the delay herein or to show that it was reasonable; nor did plaintiff attempt to do so. Upon that state of the record, it was an improvident exercise...

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