HELLER v. WILDMAN


28 Misc.2d 682 (1961)

Paul Heller et al., Plaintiffs, v. David Wildman, Defendant.

Supreme Court, Special Term, Nassau County.

February 27, 1961


Attorney(s) appearing for the Case

Doran & Goerlich for defendant. Nicholas J. Lisante for plaintiffs.


MARIO PITTONI, J.

Motion to dismiss for failure to prosecute is granted. Issue was joined on October 23, 1958. To successfully resist a motion of this character a plaintiff must submit papers demonstrating a reasonable excuse for failure to prosecute, supported by an affidavit of merit by the plaintiff. There is no affidavit of merit by the plaintiffs and the reasons for the delay lack merit. The affidavit by an attorney who has no personal knowledge...

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