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BARALAN INT'L v. VETRERIE BORMIOLI ING. LUIGI

215 A.D.2d 338 (1995)

627 N.Y.S.2d 44

Baralan International, S.P.A., Respondent, v. Vetrerie Bormioli Ing. Luigi S.P.a et al., Defendants, and Avant Industries, Limited, Appellant

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

May 30, 1995

In this now sixteen-year-old action for goods sold and delivered, where the record amply supports Avant's contention that plaintiff, an Italian manufacturer, has been largely responsible for the delays which have not only prejudiced Avant by its having to defend this action at considerable expense over so many years but, as noted by Trial Term, have abused the resources of the New York courts, including two prior appeals to this...

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