Alex N. Sill Co. v. Fazio

This case arises from a breach of contract action filed in the Bedford Municipal Court on August 11, 1978, by plaintiff-appellee, Alex N. Sill Company, against Joseph S. Fazio, appellant herein. A second defendant was subsequently dismissed pursuant to Civ. R. 41(A)(1).

The record reveals that this case was replete with delays and continuances. The parties three times stipulated that appellant be given additional time to answer. Appellant’s answer was finally filed pursuant to the granting of a motion to file instanter, and appellant further requested and was granted a continuance for a…