(Download) "Brassner Mfg. Co. v. Consolidated Edison Company New York" by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: Brassner Mfg. Co. v. Consolidated Edison Company New York
- Author : Supreme Court of New York
- Release Date : January 20, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Respondent failed to present facts showing any reasonable excuse for its delay of some two years after joinder of issue in bringing the cause on for trial, or to make an adequate, if any, showing of merits. It was an improper exercise of discretion to deny the motion, in effect, by granting it conditionally (Fischer v. Tushnett, 256 App. Div. 833; Giovannucci v. Brooklyn & Richmond Ferry Co., 278 App. Div. 861; Lange v. Bagish, 285 App. Div. 833; Mancino v. City of New York, 1 A.D.2d 830), even though respondent filed and served a note of issue after the notice of motion to dismiss had been served (Lange v. Bagish, supra). Disposition Order modified by striking from the ordering paragraph everything following the word ""granted"", and as thus modified, affirmed, with $10 costs and disbursements to appellant.