HIGGINS v. COUNTY OF NASSAU


76 A.D.2d 881 (1980)

Warren Higgins, Jr., Respondent, v. County of Nassau, Appellant, and Stannat Sample Service, Inc., et al., Respondents

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

June 16, 1980


Order reversed, on the law, without costs or disbursements, and motion denied.

It was an improvident exercise of discretion for Special Term to restore the action to the Trial Calendar. Plaintiff failed to make the requisite showing of facts sufficient to excuse his delay in prosecution and to establish a meritorious cause of action (see Barasch v Micucci, 49 N.Y.2d 594; Monahan...

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