SCARBURGH CO., INC. v. AM. MFRS. MUT. INS. CO.


65 A.D.2d 694 (1978)

Scarburgh Company, Inc., Respondent, v. American Manufacturers Mutual Insurance Company, Appellant

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

November 9, 1978


Because of the inordinate 12-year delay by plaintiff in bringing this case to trial, it was improvident to grant its motion to strike the action from the calendar after defendant had filed a note of issue and statement of readiness. However, inasmuch as defendant was given priority of discovery and plaintiff's counsel avers that more time is needed to complete all necessary and proper preliminary proceedings, leave is granted to...

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