MOSCATIELLO v. SAVARESE


42 A.D.2d 519 (1973)

Anna Moscatiello, Appellant, v. Mary C. Savarese et al., Respondents

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

June 7, 1973


Although we fully appreciate Special Term's justified annoyance because of counsel's failure to appear for trial on several occasions, we nevertheless believe that, upon the record before us, the penalty imposed was unduly harsh. The final default does not appear to have been willful; and we find no indication of any intention by plaintiff to abandon the action or of undue prejudice to defendants if the requested relief is granted. Accordingly, under the circumstances here...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases