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CROCKER v. CITY OF NEW YORK

20 A.D.2d 913 (1964)

Robert R. Crocker, Respondent, v. City of New York, Appellant, et al., Defendant

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

April 20, 1964

Order reversed, without costs; and motion denied.

It appears that the defendant city appeared in the action in December, 1960. The instant motion was not made until February 11, 1963. In our opinion, the record fails to establish any satisfactory excuse for the inordinate delay by the plaintiff in the prosecution of the action; nor is there a satisfactory showing of merit in the cause of action asserted by him (cf. Keating v. Smith, 20 A.D...

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