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QUICK SERV. NOVELTY CORP. v. SCHARF

3 A.D.2d 989 (1957)

Quick Service Novelty Corp., Respondent, v. Ben Scharf et al., Doing Business as Shirley Ann Sportswear, Appellants

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

June 4, 1957

Plaintiff's failure to explain or excuse a delay of 31 months between the time of joinder of issue and the serving and filing of a note of issue, and its failure to supply an affidavit of merits, require the dismissal of the action notwithstanding the fact that plaintiff had served and filed the note of issue immediately before the making of the motion to dismiss.

Order unanimously reversed, with $20 costs and disbursements...

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