Weisinger v. Berfond

Van Voorhis, J. (dissenting).

Plaving filed a lis pendens tying up real property, áfter long and inexcusable delay in bringing the action to trial, and having defaulted in furnishing a bill of particulars in consequence whereof an order of preclusion had been entered preventing the introduction of vital testimony, the action was finally reached for trial. Denied a *744further adjournment, properly, as the Appellate Division has held, plaintiff abandoned the trial of the action. The defendants put in their proof and judgment was entered against plaintiff ‘< on the merits ”. On appeal by plaintiff…