FORTE v. STAPLES CONSTR. CO., INC.


20 A.D.2d 562 (1963)

Eugene Forte, Respondent, v. Staples Construction Co., Inc., Appellant, et al., Defendant

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

December 23, 1963


Order of October 1, 1962 modified by striking out its decretal paragraph, and by substituting therefor a paragraph granting unconditionally the motion of the defendant Staples Construction Co., Inc., to dismiss the complaint. As so modified, order, insofar as appealed from, affirmed, without costs. Order of December 12, 1962 reversed, without costs, and motion denied.

In our opinion plaintiff, on both motions, failed adequately to explain or to show a reasonable excuse...

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