Legal Opinion

Munroe v. Vaskowitz

New York County Courts

Decided May 7, 1957Published

1Opinion of the CourtCyril J. Brown, J.

This is a motion by the defendants for an order dismissing the complaint herein for failure by the plaintiffs diligently to prosecute the action. Issue was joined in September, 1955 and a bill of particulars was served by the plaintiffs in October of that year. There has been no examination before trial and the papers do not disclose that any settlement negotiations have been or are pending. The only explanation given for the plaintiffs’ delay is a statement by their attorney to the effect that the delay was due to a change in personnel in his office. There is no statement that he intends…

2Cases cited4 opinions

  1. Cooper v. SchnabolkAppellate Division of the Supreme Court of the State of New York · 1954
  2. Davis v. Cunard Steam-Ship Co.Appellate Division of the Supreme Court of the State of New York · 1954
  3. Fischer v. TushnettAppellate Division of the Supreme Court of the State of New York · 1939
  4. Armstrong v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1912

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