PEARCE v. WILLIAM L. WATSON CO., INC.


37 A.D.2d 686 (1971)

Richard A. Pearce et al., Respondents, v. William L. Watson Co., Inc., Appellant

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

June 25, 1971


Order unanimously reversed, without costs, and motion denied.

Memorandum: Under the circumstances of the long delay presented here, and particularly plaintiffs' delay of two and one-half years after dismissal of the action in moving to open their default and to restore the case to the calendar for trial, plaintiffs have failed to make the requisite showing of facts sufficient to excuse the delay in prosecution. Inadvertent fault of counsel and causes associated with...

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