BOCK v. BD. OF EDUC. OF THE CITY OF NEW YORK


51 A.D.2d 566 (1976)

Warren Bock, an Infant, by His Father and Guardian, Irving Bock, et al., Respondents, v. Board of Education of the City of New York et al., Appellants

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

January 26, 1976


Order reversed, on the law, with $50 costs and disbursements, motion denied, cross motion granted, and action dismissed.

The plaintiffs' failure to serve a complaint during the 46 months between the service of a notice of appearance on behalf of defendants and a demand for a complaint and plaintiffs' original motion for an extension of time constituted inordinate delay under the circumstances presented. Further, the excuse offered and the affidavit of merits are inadequate...

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