Opinion
May 30, 1995
Appeal from the Supreme Court, New York County (Irma Vidal Santaella, J.).
In this now sixteen-year-old action for goods sold and delivered, where the record amply supports Avant's contention that plaintiff, an Italian manufacturer, has been largely responsible for the delays which have not only prejudiced Avant by its having to defend this action at considerable expense over so many years but, as noted by Trial Term, have abused the resources of the New York courts, including two prior appeals to this Court, it was an abuse of the court's discretion in failing to condition the discontinuance upon payment of Avant's costs, disbursements and reasonable attorneys' fees.
Concur — Rosenberger, J.P., Wallach, Rubin, Kupferman and Asch, JJ.