O'CONNELL v. KORB


3 A.D.2d 978 (1957)

Frank H. O'Connell, Respondent, v. Edward Korb, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 15, 1957


Order affirmed, with $50 costs and disbursements to the appellant against the respondent.

Memorandum:

We do not condone the laxity and lack of diligence of plaintiff's attorneys in not following the normal procedures which defendants and the court were entitled to expect. The explanation offered in excuse, that the plaintiff would be harmed by an enforcement of the preclusion order and that no prejudice has been shown by the defendant, is an old, wellworn...

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