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JOHNSON v. MOODY'S INVESTORS SERV.

285 A.D. 966 (1955)

William Johnson et al., Respondents, v. Moody's Investors Service et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 14, 1955.

Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs.

Plaintiffs failed to present facts showing any reasonable excuse for their delay of more than twenty-six months after joinder of issue in bringing the cause on for trial. The denial of the motion was therefore an improper exercise of discretion (Giovannucci v. Brooklyn & Richmond Ferry Co., 278 App. Div. 861; Smith v. Schiller, 279 App. Div. 755; Fassett v. Valley...

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