Pellerin v. Groveville Corp.

In a negligence action to recover damages for personal injuries, etc., defendant appeals from an order of the Supreme Court, Dutchess County, dated August 25, 1969, which granted plaintiffs’ motion (1) to open their default in serving a complaint, (2) to vacate a prior determination to dismiss their complaint and (3) to enlarge their time to serve a complaint. Order reversed, on the law and the facts, without costs, and motion denied. In our opinion, plaintiffs’ delay of over 18 months in serving their complaint was not justified by their attorney’s excuse that “the file was lost”. We have…