Brown v. Przebowski , 1961 N.Y. App. Div. LEXIS 8235 ( 1961 )

In view of the plaintiff’s failure to set forth .any facts showing merit in her action or excusing her delay in the prosecution thereof, it was an improvident exercise of discretion not to grant the motion unconditionally (cf. Moebus v. Tishman Co., 5 A D 2d 786; Topp v. Casco Prods. Corp., 8 A D 2d 727). Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.