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Mann v. Nednil Terrace Corp.

35 Misc. 2d 182, 232 N.Y.S.2d 213, 1962 N.Y. Misc. LEXIS 3929
CourtAppellate Terms of the Supreme Court of New York
DecidedFebruary 1, 1962
StatusPublished
Cited by2 cases

This text of 35 Misc. 2d 182 (Mann v. Nednil Terrace Corp.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mann v. Nednil Terrace Corp., 35 Misc. 2d 182, 232 N.Y.S.2d 213, 1962 N.Y. Misc. LEXIS 3929 (N.Y. Ct. App. 1962).

Opinion

Per Curiam.

Plaintiff William H. Mann failed to present an adequate excuse for the inordinate delay in failing to place the ease upon the calendar for trial after the joinder of issue. Our court has consistently held that settlement negotiations do not suffice to excuse an unwarranted delay in the prosecution of an action, and that placing of a case upon the calendar, after service of defendant’s motion to dismiss, does not serve to exculpate the delay. The proffered excuses by plaintiff’s attorney were insufficient and inadequate to warrant the favor of the court.

The order should be reversed, with $10 costs and disbursements, and motion to dismiss granted.

Concur — Hecht, J. P., Gold and Capozzoli, JJ.

Order reversed, etc.

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Related

Selwitshka v. Glens Falls Hospital
89 Misc. 2d 519 (New York Supreme Court, 1976)
Sortino v. Fisher
20 A.D.2d 25 (Appellate Division of the Supreme Court of New York, 1963)

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Bluebook (online)
35 Misc. 2d 182, 232 N.Y.S.2d 213, 1962 N.Y. Misc. LEXIS 3929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mann-v-nednil-terrace-corp-nyappterm-1962.