Mead v. Consolidated Metal Spinning & Stamping Co.

208 A.D. 814 | N.Y. App. Div. | 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.