MIOT v. JoCARL REALTY CORP.


20 A.D.2d 664 (1964)

Alvin S. Miot, Respondent, v. JoCarl Realty Corp. et al., Appellants

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

January 20, 1964


Motion by defendant JoCarl Realty Corp. for reargument granted. Order of April 3, 1962 reversed, without costs, and plaintiff's motion to vacate the prior orders dismissing the complaint denied.

In our opinion the unreasonable excuses offered for trial counsel's two defaults, and the absence of any excuse for the delay of five months in moving to vacate the dismissal orders, constituted persistent wrongful conduct in disregard of defendants' rights and of the rules...

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