Pearce v. William L. Watson Co.

Order unanimously reversed, without costs, and motion denied. Memorandum: Under the circumstances of the long delay presented here, and particularly plaintiffs’ delay of two and one-half years after dismissal of the action in moving to open their default and to restore the ease to the calendar for trial, plaintiffs have failed to make the requisite showing of facts sufficient to excuse the delay in prosecution. Inadvertent fault of counsel and causes associated with “law office failures” do not provide a reasonable basis for excusing the delay,in prosecution presented by the record. (See…