¶1In view of the plaintiff’s failure to set forth .any facts showing merit in her action or excusing her delay in the prosecution thereof, it was an improvident exercise of discretion not to grant the motion unconditionally (cf. Moebus v. Tishman Co., 5 A D 2d 786; Topp v. Casco Prods. Corp., 8 A D 2d 727). Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.
14 A.D.2d 812
Brown v. Przebowski
Appellate Division of the Supreme Court of the State of New York
Decided October 30, 1961
Appellate Division of the Supreme Court of the State of New York · decided 1961-10-30
Decided 1961-10-30