Goldstein v. Friedland

241 A.D. 829

Opinion

Order reversed on the law and the facts, with ten dollars costs and disbursements, and motion to open plaintiff’s default, to vacate order dismissing his complaint and to restore the case to the Trial Term calendar denied, with ten dollars costs. The granting of this motion was an abuse of discretion. The delay in bringing this case to trial is inexcusable. Lazansky, P. J., Young, Hagarty and Davis, JJ., concur; Kapper, J., dissents and votes to affirm.