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Miranda v. City of New York

Appellate Division of the Supreme Court of New York, First Department
May 2, 1961
13 A.D.2d 723 (N.Y. App. Div. 1961)

Opinion

May 2, 1961


Order entered on September 8, 1960, denying a motion to dismiss 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).

Concur — Botein, P.J., Rabin, McNally and Stevens, JJ.


Summaries of

Miranda v. City of New York

Appellate Division of the Supreme Court of New York, First Department
May 2, 1961
13 A.D.2d 723 (N.Y. App. Div. 1961)
Case details for

Miranda v. City of New York

Case Details

Full title:MARIE E. MIRANDA, as Administratrix of the Estate of CARMEN R. PELLOTT and…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 2, 1961

Citations

13 A.D.2d 723 (N.Y. App. Div. 1961)

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