SCHWARTZ v. ALLENDALE GARMENT CO., INC.


62 A.D.2d 965 (1978)

Philip Schwartz, Respondent, v. Allendale Garment Co., Inc., et al., Defendants, and Kayser-Roth Corp. et al., Appellants

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

April 24, 1978


The evidence sufficiently demonstrates that plaintiff abandoned his causes of action. The political upheaval in the summer of 1974 in Portugal where plaintiff then resided and conducted a business, as well as his house arrest for five days in July of 1974, are insufficient justification for plaintiff's default. At that juncture there had been virtually no activity on his part in this lawsuit for over six years. His departure in January of 1975 for Taiwan, knowing that his...

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