RUTGER FABRICS CORP. v. UNITED STATES LAMINATING CORP.


111 A.D.2d 40 (1985)

Rutger Fabrics Corporation et al., Appellants, v. United States Laminating Corporation et al., Respondents

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

May 9, 1985


Special Term, denying the motion to excuse the default, cited the long period of delay on the part of plaintiffs' attorneys in preparing the case for trial. While some period of time could be excused as a result of counsel's illness and the breakup of a partnership, it is clear that, in terms of trial preparation, there was a great deal of inaction on the part of the attorneys. As held at Special Term, the pendency of a motion to serve an amended pleading did not relieve...

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