Appellate Practice

Give 44-Year-Old Case an 'Immediate' Trial, Appeals Court Tells Lawyers

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Apparently persuaded by a lawyer’s argument that the opposing party missed a filing deadline by 22 years, a state appeals court in New York has reinstated a 44-year-old civil case and directed the parties to proceed to an “immediate” trial.

The suit was brought by a long-dissolved company, Lance International, seeking to recover money for its creditors. It accused First National City Bank (now Citibank) of failing to make appropriate efforts to collect money from a construction project in Japan, the New York Post reports.

“This case was old when man first walked on the moon, but reinstating it was the right decision,” attorney Richard Roth, who represents Lance, tells the newspaper.

Citibank declined to comment.

An article in the City Room blog of the New York Times gives further details about the litigation, noting “The two sides of this dispute have inexplicably spent nearly the past half-century trading motions and discovery.”

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