BARALAN INT'L v. AVANT INDUS., LTD.


242 A.D.2d 226 (1997)

661 N.Y.S.2d 226

Baralan International, S.P.A., Respondent, v. Avant Industries, Limited, Appellant, et al., Defendants

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

August 21, 1997


In our most recent review of this 18-year-old litigation, we scotched plaintiff's attempt to limit sanctions by voluntarily discontinuing the action. Instead, we allowed plaintiff to discontinue only on condition that it pay Avant's costs, disbursements and attorneys' fees from the inception of the action. In remanding for determination of a suitable amount, we noted that the record amply portrayed plaintiff as "largely responsible for the delays which have not only prejudiced...

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