Noble v. Sessue Kintaro Hayakawa

• Decision Date: 03 April 1962
• Citation: Noble v. Sessue Kintaro Hayakawa, 225 N.Y.S.2d 985, 16 A.D.2d 616 (N.Y. App. Div. 1962)
• Parties: Ruth NOBLE, Plaintiff-Respondent, v. SESSUE KINTARO HAYAKAWA, Defendant-Appellant.
• Court: New York Supreme Court — Appellate Division

Page 985

225 N.Y.S.2d 985

16 A.D.2d 616

Ruth NOBLE, Plaintiff-Respondent, v. SESSUE KINTARO HAYAKAWA, Defendant-Appellant.

Supreme Court, Appellate Division, First Department.

April 3, 1962.

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.

PER CURIAM.

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...