YANKEE LEATHER GOODS CO. v. SOBEL SALES ASSOC.


54 Misc.2d 358 (1967)

Yankee Leather Goods Co., Inc., Respondent, v. Sobel Sales Associates, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

July 6, 1967


Attorney(s) appearing for the Case

Rosen, Lotwin, Kantrowitz, Goldman & Gutin (Irving Gutin of counsel), for appellant. Dresner & Henle (Joel A. Reiss of counsel), for respondent.

Concur — HOFSTADTER, J. P., GOLD and MARKOWITZ, JJ.


Per Curiam.

Despite defendant's dilatory tactics, its claim that the default was not willful is not without basis. Its defense, while not impressive, is at least meritorious. In the circumstances, it will be given its day in court on terms adequate to protect plaintiff.

The Bar is advised that, independent of a meritorious claim or defense, protracted dilatory conduct is an uncalled for burden on litigants, counsel and the court. In such instances,...

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