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MANN v. NEDNIL TERRACE CORP.

35 Misc.2d 182 (1962)

William H. Mann, Respondent, et al., Plaintiff, v. Nednil Terrace Corp., Appellant.

Supreme Court, Appellate Term, First Department.

February 1, 1962

Attorney(s) appearing for the Case

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

Concur — HECHT, J. P., GOLD and CAPOZZOLI, JJ.

Per Curiam.

Plaintiff William H. Mann failed to present an adequate excuse for the inordinate delay in failing to place the case upon the calendar for trial after the joinder of issue. Our court has consistently held that settlement negotiations do not suffice to excuse an unwarranted delay in the prosecution of an action, and that placing of a case upon the calendar, after service of defendant's motion to dismiss...

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