AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

CLARENCE A. FRANGIONE, as Administrator of the Estate of JEAN M. FRANGIONE, Deceased, Respondent, v. EDWARD M. CORDASCO, Appellant.

Order unanimously reversed, without costs, motion granted and action dismissed. Memorandum: The record in this case fails to disclose any sufficient excuse for the delay of more than 20 months in service of a complaint following a demand therefor. As we have stated in Huether v Blad ( 35 A.D.2d 774, 775), the "`one asking for excuse for great delay in prosecution comes with a heavy burden of explanation (Goldstein v Wickett, 3 A.D.2d 135; Walker v Ferri, 5 A.D.2d 24; Nicotera v Aliasso, 22 A.D.2d 758; Gino v Syracuse Mem. Hosp., 23 A.D.2d 964).' (Hamilton v Dudley, 27 A.D.2d 701)". In Bamford v Kaunitz ( 37 A.D.2d 682) we said: "Excuses such as those offered by plaintiff, which have been characterized as `Law Office Failures', (Sortino v Fisher, 20 A.D.2d 25, 29) `have been weighed in the balance many times and found wanting.' (Goldberg v Soifer, 30 A.D.2d 533, 534.) The excuse of illness of the attorney of record is also inadequate when it does not appear that the condition existed throughout the period of delay (Alaimo v D F Tr., 35 A.D.2d 776; Jerge v Fuglewicz, 36 A.D.2d 890) ". The affidavit of merit submitted in opposition to the motion is unsatisfactory. Delia v Ramapo Gen. Hosp. ( 47 A.D.2d 522). On the record it was an improvident exercise of discretion to deny defendant's motion to dismiss the action, made pursuant to CPLR 3012 (subd. [b]).

Use AI to get other relevant cases.

Comments

FRANGIONE v. CORDASCO
(Apr 23, 1975)