Order modified by striking out the condition stated and by substituting therefor a provision granting unconditionally the said defendant's motion to dismiss the complaint. As so modified, order, insofar as appealed from, affirmed, without costs.
In our opinion, under the circumstances here, the conditional granting of the motion was an improvident exercise of discretion. The plaintiff failed to show a reasonable excuse for the delay in prosecuting the action (Costanzo...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
