Appellate Division of the Supreme Court of New York, 1961

Miranda v. City of New York

Miranda v. City of New York
Appellate Division of the Supreme Court of New York · Decided May 2, 1961
13 A.D.2d 723; 214 N.Y.S.2d 27; 1961 N.Y. App. Div. LEXIS 11153
Miranda v. City of New York

Opinion of the Court

Order entered on September 8, 1960, denying a motion to, *724dismiss for lack of prosecution, unanimously reversed on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to appellants and the motion granted, with $10 costs. The reasons offered by the plaintiff are insufficient to excuse the 21-month delay (see Harrington v. Kaufman, 5 A D 2d 195; Maizonet v. Lee Props., 11 A D 2d 667). Nor does the belated diligence of the plaintiff in furnishing a bill of particulars and filing a note of issue excuse the prior neglect (Nigro V. City of New York, 3 A D 2d 987). ConcurBotein, P. J., Rabin, McNally and Stevens, JJ.

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