Montgomery Ward & Co. v. Craig

Appellate Division of the Supreme Court of New York

Montgomery Ward & Co. v. Craig

23 A.D.2d 754, 258 N.Y.S.2d 987, 1965 N.Y. App. Div. LEXIS 4361

Appellate Division of the Supreme Court of the State of New York·Decided April 29, 1965·Published·Cited by 1 cases

Opinion

Order, entered May 19, 1964, denying conditionally defendant’s motion to dismiss the complaint for failure to prosecute pursuant to CPLR 3216 unanimously affirmed, without costs or disbursements to either party. In this action for damages allegedly sustained by plaintiff as the result of the receipt of alleged commercial briberies by defendant from suppliers of plaintiff there has been an extraordinary delay in prosecuting the action. The delay, however, is largely explained by the special difficulties faced by plaintiff in obtaining competent evidence to establish its entire claim, although the proof with respect to a part of it appears to be all but conclusive. Under the circumstances plaintiff is entitled to the indulgence allowed to it by Special Term in the exercise of discretion (see Sortino v. Fisher, 20 A D 2d 25, 31, 32). Concur — Breitel, J.- P., Rabin, Valente, Eager and Steuer, JJ.

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Order, entered May 19, 1964, denying conditionally defendant’s motion to dismiss the complaint for failure to prosecute pursuant to CPLR 3216 unanimously affirmed, without costs or disbursements to either party. In this action for damages allegedly sustained by plaintiff as the result of the receipt of alleged commercial briberies by defendant from suppliers of plaintiff there has been an extraordinary delay in prosecuting the action. The delay, however, is largely explained by the special difficulties faced by plaintiff in obtaining competent evidence to establish its entire claim, although the proof with respect to a part of it appears to be all but conclusive. Under the circumstances plaintiff is entitled to the indulgence allowed to it by Special Term in the exercise of discretion (see Sortino v. Fisher, 20 A D 2d 25, 31, 32). Concur — Breitel, J.- P., Rabin, Valente, Eager and Steuer, JJ.

Montgomery Ward & Co. v. Craig, 23 A.D.2d 754, 258 N.Y.S.2d 987, 1965 N.Y. App. Div. LEXIS 4361 (N.Y. Ct. App. 1965).

Pincite

23 A.D.2d 754 (Montgomery Ward & Co. v. Craig) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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