Di Roma v. Tripodi Eyewear International, Inc.

Since there are no factual issues regarding the execution of the notes and their nonpayment nor any proof of the purported oral settlement, and, in my view, the bank’s delay in pursuing the action and the resultant prejudice, if any, to defendants do not constitute valid defenses, I would grant summary judgment to the bank.

Defendants, assuming that the court has inherent power to dismiss the action for plaintiff’s neglect, characterize plaintiff’s conduct as abandonment and assert that plaintiff is barred by the doctrines of laches, estoppel and waiver from pursuing the action. In reality,…