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MANCINI v. METZ

33 Misc.2d 803 (1961)

Domenick Mancini et al., Respondents, v. Saul C. Metz, Appellant.

Supreme Court, Appellate Term, Second Department.

December 6, 1961

Attorney(s) appearing for the Case

Emanuel Morgenbesser and Nathan Cyperstein for appellant. Santo R. Sgarlato and Frank A. Teti for respondents.

Concur — HART, DI GIOVANNA and BENJAMIN, JJ.

Per Curiam.

The alleged inadvertence in misplacing the file does not constitute a valid excuse for the 28 months' delay in bringing the case on for trial (Moshman v. City of New York, 3 A.D.2d 822) nor does the service and filing of a note of issue after the motion was made excuse past neglect (Hardware Mut. Cas. Co. v. Rosenberg, 3 A.D.2d 988

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