BRADLEY v. CITY OF NEW YORK


24 A.D.2d 490 (1965)

Beatrice Bradley, Respondent, v. City of New York, Appellant

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

June 21, 1965


Order reversed, without costs; plaintiff's motion denied; defendant's cross motion to dismiss, granted; and action dismissed, without costs.

The only reason offered by plaintiff for her failure to serve the complaint for more than two and one-half years following the service of the summons was that her attorney had misplaced the file. Such excuse is inadequate to excuse the delay (Greenwald v. Zyvith, 23 A.D.2d 201; Burke...

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