Imberman v. Alexander

Plaintiffs move to restore this case to the calendar and to vacate their default in having failed to make such a motion within one year from January 9, 1956, the case having been dismissed on January 10, 1957, pursuant to rule 302 of the Rules of Civil Practice.

On such a motion there must be “ a substantial demonstration of a valid excuse or a justification for the failure to proceed expeditiously with the action, and, in addition, there must be an affidavit of merits by the plaintiff ” (Lakowitz v. Marlin Gardens, 5 A D 2d 981).

The court has authority to relieve plaintiffs from strict…