Summary
In Mead v. Consolidated Metal Spinning Stamping Co. (208 App. Div. 814), it was held that delays of five and two months respectively in moving to open default and to vacate orders for a bill of particulars and of preclusion constituted "gross laches and inexcusable disregard of the order".
Summary of this case from Schmitt v. PietrangeloOpinion
March, 1924.
Order denying motion to open default affirmed, with ten dollars costs and disbursements. While the courts are disposed to open defaults on terms, the plaintiff in this case appears to have been guilty of such gross laches and inexcusable disregard of the order directing service of the bill of particulars, that we see no reason for interfering with the discretion of the justice at Special Term who denied the motion. Kelly, P.J., Rich, Jaycox, Kelby and Kapper, JJ., concur.