Jacobs v. S H Grossinger, Inc.

Full title: ISABEL W. JACOBS et al., Respondents, v. S H GROSSINGER, INC., Appellant

Court: Supreme Court, Appellate Term, First Department

Date published: Nov 19, 1959

21 Misc. 2d 261 (N.Y. App. Term 1959)

193 N.Y.S.2d 952

Opinion

November 19, 1959

Appeal from the City Court of the City of New York, New York County, MARGARET M.J. MANGAN, J.

Tropp Steinbock ( I. Sidney Worthman of counsel), for appellant.

Milton H. Goldstricker for respondents.

Per Curiam.

The attorney's excuse that because of the illness of his daughter it became necessary for him and his wife to carry on the responsibility of the home and two children, and for that reason he was unable to actively engage in his practice until December, 1958, is not a valid one, in view of the lapse of 32 months between joinder of issue and defendant's motion to dismiss the complaint.

The order should be reversed, with $10 costs and disbursements, and motion granted.

Concur — STEUER, J.P., AURELIO and TILZER, JJ.

Order reversed, etc.