Order entered on February 8, 1967, granting plaintiff's motion for an order vacating his default in serving his complaint and extending the time within which to serve it, unanimously reversed, on the law and the facts and in the exercise of discretion, and the motion denied, without costs or disbursements. The excuse offered for the delay of almost three years in serving the complaint is very slim, and there is no adequate showing of merit to the contention that the appellant corporations are liable for the injuries allegedly caused by the vehicle of which Stagg Cab Co., Inc., is registered owner. The contention raises issues not unlikely to impede expeditious and orderly disposition of the Stagg action, which plaintiff states he intends to consolidate with the instant action; and plaintiff himself acknowledges that, on recovering judgment against Stagg, he would be able to proceed against appellants. Consideration of these various circumstances leads us to conclude that plaintiff's motion was improvidently granted.
Concur — Botein, P.J., Stevens, Capozzoli, Tilzer and McNally, JJ.