21 A.D.2d 767, Reilly v. Otis Elevator Co.

Citation:21 A.D.2d 767, 250 N.Y.S.2d 692
Party Name:Reilly v. Otis Elevator Co.
Case Date:June 16, 1964
Court:New York Supreme Court Appelate Division, First Department
 
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Page 767

21 A.D.2d 767

250 N.Y.S.2d 692

Peter REILLY, Plaintiff-Respondent,

v.

OTIS ELEVATOR COMPANY, Defendant-Appellant.

Supreme Court of New York, First Department

June 16, 1964.

[250 N.Y.S.2d 693] M. R. Silberstein, New York City, for defendant-appellant.

Before BOTEIN, P. J., and McNALLY, EAGER, STEUER and STALEY, JJ.

PER CURIAM.

Order, entered September 30, 1963, denying motion of defendant Otis Elevator Company to dismiss the complaint for failure of prosecution, unanimously reversed, on the law and the facts, and in the exercise of discretion, with $20 costs and disbursements to defendant-appellant, and the motion granted, with $10 costs. The plaintiff failed to show any

Page 768

reasonable excuse in justification of the inordinate delay of 30 months in placing this action upon the calendar. Furthermore, the plaintiff's belated stipulation to transfer the action to Civil Court is not available as a valid excuse for the delay. There was a similar motion to dismiss by a co-defendant in this action, and the order of Special Term denying such motion was unanimously reversed by this court and the motion...

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