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KORIBA, INC. v. PORCO

116 A.D.2d 630 (1986)

Koriba, Inc., Respondent, v. Anthony Porco et al., Appellants. (And a Third-Party Title.)

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

January 21, 1986

Order reversed, as a matter of discretion, with costs, motion granted and complaint dismissed.

While courts have great flexibility in determining whether a delay in prosecuting an action is excusable, and while public policy favors the resolution of cases on the merits (see, Stark v Marine Power & Light Co., 99 A.D.2d 753), it is equally true that "defendants are entitled to be free * * * of the burden of defending...

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