Noble v. Sessue Kintaro Hayakawa
| Decision Date | 03 April 1962 |
| Citation | 16 A.D.2d 616,225 N.Y.S.2d 985 |
| Parties | Ruth NOBLE, Plaintiff-Respondent, v. SESSUE KINTARO HAYAKAWA, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
E. G. McGuigan, New York City, for defendant-appellant.
A. S. Basel, New York City, for plaintiff-respondent.
Before BOTEIN, P. J., and RABIN, VALENTE, STEVENS and EAGER, JJ.
Order, entered on January 17, 1961, granting plaintiff's motion to amend the complaint and denying defendant's cross motion to dismiss the complaint for failure to prosecute, unanimously reversed, on the law and the facts, with $20 costs and disbursements to the appellant, the motion to amend denied and the cross motion to dismiss granted with $10 costs. In this action to recover a balance due on a note executed in 1931, the plaintiff did nothing for 20 months after the joinder of issue at which time she made the instant motin to amend the complaint by adding a new cause of action. In the context of this case a 20-month delay without a satisfactory explanation requires that the complaint be dismissed. In view of the disposition of the cross motion the motion to amend the complaint must be denied.
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