AMERICAN TELEPHONE AND TELEGRAPH COMPANY v. SCHNABEL FOUNDATION CO.


38 A.D.3d 580 (2007)

832 N.Y.S.2d 243

AMERICAN TELEPHONE AND TELEGRAPH COMPANY, Respondent, v. SCHNABEL FOUNDATION CO., Appellant.

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

Decided March 13, 2007.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion to dismiss the action is granted.

The plaintiff exhibited an overall lack of diligence in prosecuting this action, failed to show proof of any attempt to serve the corporate defendant by service upon the Secretary of State until over a year after it had commenced this action in July 2004, failed to make any showing of merit, and failed to offer any excuse for the delay in serving...

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