POWELL v. BECKER TRUCK RENTING CORP.


20 A.D.2d 573 (1963)

William Powell et al., Respondents, v. Becker Truck Renting Corp., Appellant, et al., Defendant

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

December 23, 1963


Order reversed, without costs; motion to dismiss action granted; and complaint dismissed, with leave to plaintiffs to move at Special Term upon proper papers to vacate the order of dismissal, if plaintiffs be so advised.

In the absence of evidentiary statements under oath by one with knowledge, from which a determination may be made: (a) that the action has merit; and (b) that there is a valid excuse for the delay here of nearly six months before plaintiffs' attempt...

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