Renne v. Roven

In a negligence action to recover damages for personal injuries, which was automatically dismissed pursuant to statute and the rules of this court (CPLR 3404; Rules of App. Div. 2d Dept., part 7, rule VIII) for neglect to prosecute, defendants appeal from an order of the Supreme Court, Suffolk County, dated April 3, 1967, which granted plaintiff’s motion to open his default, to vacate the dismissal and for other relief. Order reversed, without costs, and motion denied. In our opinion, plaintiff failed to make the requisite showing of facts sufficient to excuse his delay in prosecution and to…