JACOBS v. S & H GROSSINGER, INC.


21 Misc.2d 261 (1959)

Isabel W. Jacobs et al., Respondents, v. S & H Grossinger, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

November 19, 1959.


Attorney(s) appearing for the Case

Tropp & Steinbock (I. Sidney Worthman of counsel), for appellant.

Milton H. Goldstricker for respondents.

Concur — STEUER, J. P., AURELIO and TILZER, JJ.


Per Curiam.

The attorney's excuse that because of the illness of his daughter it became necessary for him and his wife to carry on the responsibility of the home and two children, and for that reason he was unable to actively engage in his practice until December, 1958, is not a valid one, in view of the lapse of 32 months between joinder of issue and defendant's motion to dismiss the complaint.

The order...

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