Muldoon v. Day

Appeal from an order opening plaintiff’s default in serving case on appeal and extending the time for sueh servipe. In our opinion it was an injudicious exercise of discretion to grant the order appealed from. The plaintiff was guilty of gross laches, which is entirely unex*874plained and unexcused. .For this reason the motion should have been denied. (Gamble v. Lennon, 9 App. Div. 407; Martin v. McCurdy, 120 id. 665.) The respondent contents herself upon this appeal by advancing the untenable proposition that as the order appealed from is a discretionary one no appeal lies to this court. Counsel…