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Noble v. Hayakawa

Appellate Division of the Supreme Court of New York, First Department
Apr 3, 1962
16 A.D.2d 616 (N.Y. App. Div. 1962)

Opinion

April 3, 1962


Order, entered on January 17, 1961, granting plaintiff's motion to amend the complaint and denying defendant's cross motion to dismiss the complaint for failure to prosecute, unanimously reversed, on the law and the facts, with $20 costs and disbursements to the appellant, the motion to amend denied and the cross motion to dismiss granted, with $10 costs. In this action to recover a balance due on a note executed in 1931, the plaintiff did nothing for 20 months after the joinder of issue at which time she made the instant motion to amend the complaint by adding a new cause of action. In the context of this case a 20-month delay without a satisfactory explanation requires that the complaint be dismissed. In view of the disposition of the cross motion the motion to amend the complaint must be denied.

Concur — Botein, P.J., Rabin, Valente, Stevens and Eager, JJ.


Summaries of

Noble v. Hayakawa

Appellate Division of the Supreme Court of New York, First Department
Apr 3, 1962
16 A.D.2d 616 (N.Y. App. Div. 1962)
Case details for

Noble v. Hayakawa

Case Details

Full title:RUTH NOBLE, Respondent, v. SESSUE K. HAYAKAWA, Appellant

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

Date published: Apr 3, 1962

Citations

16 A.D.2d 616 (N.Y. App. Div. 1962)

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