Opinion
October 2, 1967
The appeal is from so much of an order of the Supreme Court, Dutchess County, dated April 6, 1967, as, in granting appellant's motion to dismiss the action, did so only upon the condition that plaintiff would fail to serve his complaint upon appellant within a stated time. Order reversed insofar as appealed from, without costs; in accordance, the portion of the decretal paragraph of the order which begins with "unless" and continues to the end of the paragraph is struck out herewith. Plaintiff failed to show a reasonable excuse for the delay of over three and a half years in serving his complaint or to show a meritorious action. ( Salinger v. Hollander, 19 A.D.2d 559, and cases cited therein.) Hence, it was an improvident exercise of discretion not to grant defendant's motion unconditionally. Beldock, P.J., Christ, Brennan, Hopkins and Munder, JJ., concur.