Mingis v. Daitch Crystal Dairies, Inc.

Order, entered October 9, 1968, reversed and vacated, on the law, on. the facts and in the exercise of discretion, without costs and disbursements, and plaintiff’s motion to vacate dismissal and to restore action to Trial Calendar denied. Plaintiff has shown neither a meritorious cause of action nor a reasonable excuse for the default resulting in the dismissal of the action. This personal injury action was commenced, and issue was joined, in October, 1964. A statement of readiness was never filed although pretrial procedures were complete by February, 1966, and a note of issue had been…