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Mead v. Consolidated Metal Spinning Stamping

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1924
208 App. Div. 814 (N.Y. App. Div. 1924)

Summary

In Mead v. Consolidated Metal Spinning Stamping Co. (208 App. Div. 814), it was held that delays of five and two months respectively in moving to open default and to vacate orders for a bill of particulars and of preclusion constituted "gross laches and inexcusable disregard of the order".

Summary of this case from Schmitt v. Pietrangelo

Opinion

March, 1924.


Order denying motion to open default affirmed, with ten dollars costs and disbursements. While the courts are disposed to open defaults on terms, the plaintiff in this case appears to have been guilty of such gross laches and inexcusable disregard of the order directing service of the bill of particulars, that we see no reason for interfering with the discretion of the justice at Special Term who denied the motion. Kelly, P.J., Rich, Jaycox, Kelby and Kapper, JJ., concur.


Summaries of

Mead v. Consolidated Metal Spinning Stamping

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1924
208 App. Div. 814 (N.Y. App. Div. 1924)

In Mead v. Consolidated Metal Spinning Stamping Co. (208 App. Div. 814), it was held that delays of five and two months respectively in moving to open default and to vacate orders for a bill of particulars and of preclusion constituted "gross laches and inexcusable disregard of the order".

Summary of this case from Schmitt v. Pietrangelo
Case details for

Mead v. Consolidated Metal Spinning Stamping

Case Details

Full title:PAUL MEAD, Appellant, v. CONSOLIDATED METAL SPINNING STAMPING CO., INC.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 1, 1924

Citations

208 App. Div. 814 (N.Y. App. Div. 1924)

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The Appellate Division stated: "In our opinion, there was no showing of gross laches or inexcusable neglect,…

Schmitt v. Pietrangelo

Order reversed, with $10 costs and disbursements, and motion denied. In Mead v. Consolidated Metal Spinning …