DAISERNIA v. CO-OPERATIVE G. L. F. HOLDING CORP.


18 A.D.2d 954 (1963)

Theresa E. Daisernia, as Administratrix of The Estate of Nicholas Daisernia, Deceased, et al., Respondents, v. Co-Operative G. L. F. Holding Corp., Appellant

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

February 7, 1963


We find no reason to disturb Special Term's exercise of discretion in denying defendant's motion to dismiss, pursuant to section 181 of the Civil Practice Act and rule 156 of the Rules of Civil Practice. The papers before us indicate circumstances, unusual if not peculiar, explanatory and excusive of the delay of from 12 to 14 months which occurred after joinder of issue; and sufficiently indicate the merits of the causes of action in the consolidated actions, all of which...

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