CLEMENTS v. MANTEGNA


64 A.D.2d 809 (1978)

H. Everest Clements, Respondent, v. William S. Mantegna et al., Appellants

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

July 7, 1978


Order unanimously affirmed, without costs.

Memorandum:

It appears that plaintiff was most diligent in seeking to expedite prosecution of his action. Any delay in serving bills of particulars and the default resulting therefrom was not due in any respect to plaintiff's conduct. In view of the plaintiff's apparent lack of intent deliberately to default or abandon the action and the lack of undue delay and resulting prejudice to the opposing parties we find no...

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