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Waldman v. Cedar Management Corp.

Appellate Division of the Supreme Court of New York, First Department
Jun 7, 1960
11 A.D.2d 646 (N.Y. App. Div. 1960)

Opinion

June 7, 1960


Order unanimously modified, on the facts and in the exercise of discretion, so as to dismiss the complaint unconditionally, and, as so modified, affirmed, with $20 costs and disbursements to appellant, and judgment directed to be entered in favor of defendant dismissing the complaint, with costs. Counsel's explanation of the three years and nine-months' delay in bringing the case on for trial due to the failure of trial counsel to act diligently does not satisfy the requirements of reasonableness called for under section 181 of the Civil Practice Act and rule 156 of the Rules of Civil Practice ( Moshman v. City of New York, 3 A.D.2d 825; Rist v. 234 East 33rd Corp., 4 A.D.2d 867; Hardware Mut. Cas. Co. v. Rosenberg, 3 A.D.2d 988; Hyde Sons v. Roller Derby Skate Co., 1 A.D.2d 942; Davis v. Cunard Steamship Co., 284 App. Div. 1036; Cooper v. Schnabolk, 283 App. Div. 937).

Concur — Botein, P.J., Breitel, McNally, Stevens and Noonan, JJ.


Summaries of

Waldman v. Cedar Management Corp.

Appellate Division of the Supreme Court of New York, First Department
Jun 7, 1960
11 A.D.2d 646 (N.Y. App. Div. 1960)
Case details for

Waldman v. Cedar Management Corp.

Case Details

Full title:BERNARD WALDMAN, Respondent, v. CEDAR MANAGEMENT CORP., Appellant

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

Date published: Jun 7, 1960

Citations

11 A.D.2d 646 (N.Y. App. Div. 1960)