Garcia v. Sentry-Norden Oil & Heating Co.

Order, entered on August 22, 1962, denying motion to dismiss for lack of prosecution, unanimously reversed, on the law and on the facts and in the exercise of discretion, with $20 costs and disbursements to appellant, and the motion to dismiss the complaint granted, with $10 costs. Special Term recognized that the delay was inordinate and the excuse offered insufficient. Relief was nevertheless denied because defendant did not show that it was unduly prejudiced. Such a showing is not necessary. The absence of a reasonable excuse for the delay is determinative (Hencken v. Edelman, 15 A D 2d 744). Concur — Botein, P, J., Breitel, Yalente, Eager and Steuer, JJ.