DE ROSA v. NEZELEK


24 A.D.2d 1055 (1965)

Guerino De Rosa, Appellant, v. Joseph S. Nezelek et al., Respondents

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

December 23, 1965


HERLIHY, J.

While it is necessary, when considering the question of delay, to revert to the commencement of the action, it appears in the present circumstances, regardless of what may have transpired earlier, that in April of 1963 the plaintiff served a bill of particulars and it was agreed that the case would be placed on the calendar for the May Term of court but prior thereto the plaintiff suffered a relapse and was hospitalized, as a result of which...

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