Mann v. Nednil Terrace Corp.

• Decision Date: 01 February 1962
• Citation: Mann v. Nednil Terrace Corp., 232 N.Y.S.2d 213, 35 Misc.2d 182 (N.Y. App. Term 1962)
• Parties: William H. MANN, Plaintiff-Respondent, and Sheldon C. Delman, Plaintiff, v. NEDNIL TERRACE CORP., Defendant-Appellant.
• Court: New York Supreme Court — Appellate Term

Page 213

232 N.Y.S.2d 213

35 Misc.2d 182

William H. MANN, Plaintiff-Respondent, and Sheldon C Delman, Plaintiff, v. NEDNIL TERRACE CORP., Defendant-Appellant.

Supreme Court, Appellate Term, First Department.

Feb. 1, 1962.

Tropp & Steinbock, New York City, I. Sidney Worthman, New York City, of counsel, for appellant.

Benjamin Feldstein, New York City, for respondent.

Before HECHT, J. P., and GOLD and CAPOZZOLI, JJ.

PER CURIAM.

Plaintiff William H. Mann failed to present an adequate excuse for the inordinate delay in failing to place the case upon the calendar for trial after the joinder of issue. Our Court has consistently held that settlement negotiations do not suffice to excuse an unwarranted delay in the prosecution of an action, and that placing of a case upon the calendar, after service of defendant's motion to dismiss, does not serve to exculpate the delay . The proffered excuses by plaintiff's attorney were insufficient and inadequate to warrant the favor of ...