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SCHMITT v. PIETRANGELO

285 A.D. 1058 (1955)

Lilly Schmitt, as Administratrix of The Estate of Olga Muller, Deceased, Respondent, v. Joseph Pietrangelo, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 4, 1955.

Order reversed, with $10 costs and disbursements, and motion denied.

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". In this case the delay was more than eighteen months...

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