Opinion
March 11, 1968
Order of the Supreme Court, Kings County, dated June 14, 1966, which granted plaintiff's motion to serve a complaint nunc pro tunc, reversed, on the law and the facts, with $10 costs and disbursements, and motion denied. The delay in serving the complaint of over 58 months is inordinately long. Plaintiff's excuse that his attorney misplaced the file is legally insufficient ( Gallagher v. City of New York, 19 A.D.2d 623; Steuerman v. Feinman, 19 A.D.2d 847; Francisco v. Walgreen Eastern Co., 25 A.D.2d 681). Christ, Acting P.J., Brennan, Rabin, Benjamin and Martuscello, JJ., concur.