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Miranda v. City of New York

13 A.D.2d 723 Court N.Y. App. Div. Decision date 1961-05-02 English

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p. 723
Marie E. Miranda, as Administratrix of the Estate of Carmen R. Pellott and Another, Deceased, Respondent, v. City of New York et al., Appellants.

Order entered on September 8, 1960, denying a motion to,

p. 724
dismiss for lack of prosecution, unanimously reversed on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to appellants and the motion granted, with $10 costs. The reasons offered by the plaintiff are insufficient to excuse the 21-month delay (see Harrington v. Kaufman, 5 A D 2d 195 ; Maizonet v. Lee Props., 11 A D 2d 667 ). Nor does the belated diligence of the plaintiff in furnishing a bill of particulars and filing a note of issue excuse the prior neglect (Nigro V. City of New York, 3 A D 2d 987 ). ConcurBotein, P. J., Rabin, McNally and Stevens, JJ.

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