COSTANZO v. SCHWEDLER


14 A.D.2d 814 (1961)

Vincent J. Costanzo, Respondent, v. Paul Schwedler, Appellant

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

October 30, 1961


Order reversed, with $10 costs and disbursements, and motion granted.

Defendant's motion to dismiss was made some 15 months after the joinder of issue. In opposition to the motion, plaintiff submitted only the affidavit of his attorney stating that a bill of particulars and a note of issue had just been served. No affidavit setting forth the merits of the action was submitted; and no attempt was made to explain or justify the delay or to show that it was not unreasonable...

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