Goldberg v. Soifer

In a negligence action to recover damages for personal injuries, loss *534of services, etc., which was automatically dismissed pursuant to CPLR 3404, defendants appeal from an order of the Supreme Court, Westchester County, dated September 28, 1967, which granted plaintiffs’ motion to open their default, vacate the dismissal and restore the action to the trial calendar. Order reversed, without costs, and motion denied. In our opinion, plaintiffs failed to make the requisite showing of facts sufficient to excuse their delay in prosecution and failed to establish that they have a meritorious cause…