Hatzlachh Supply Co. v. Bank of America

Rosenberger and Rubin, JJ.,

dissent in a memorandum by

Rubin, J., as follows: Plaintiff, an exporter of electronic and *299photographic goods, commenced this action in October 1982 seeking to recover damages alleged to have been sustained by reason of defendant’s breach, in December 1980, of a collection order issued in connection with its sale of goods to the Difson Company of Bompai Kano, Nigeria. Issue was joined in January 1983, and examinations before trial were conducted in March and April of that year. Thereafter, the case was dormant until plaintiff brought the instant motion in March 1991.…