REILLY v. OTIS ELEVATOR CO.


21 A.D.2d 767 (1964)

Peter Reilly, Respondent, v. Otis Elevator Company, Appellant, et al., Defendant

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

June 16, 1964


Order, entered September 30, 1963, denying motion of defendant Otis Elevator Company to dismiss the complaint for failure of prosecution, unanimously reversed, on the law and the facts, and in the exercise of discretion, with $20 costs and disbursements to defendant-appellant, and the motion granted, with $10 costs.

The plaintiff failed to show any reasonable excuse in justification of the inordinate delay of 30 months in...

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