O'Connell v. Korb

Order affirmed, with $50 costs and disbursements to the appellant against the respondent. Memorandum: We do not condone the laxity and lack of diligence of plaintiff’s attorneys in not following the normal procedures which defendants and the court were entitled to expect. The explanation offered in excuse, that the plaintiff would be harmed by an enforcement of the preclusion order and that no prejudice has been shown by the defendant, is an old, well-worn story, indulged in by certain attorneys to excuse their own delays and failures. We do not retreat from the position that we took in…