Dunphy chided the plaintiff’s former lawyer, Gary Mazin, on his “hibernation” for all those years. “What signs of diligence — indeed, what signs of life — can be detected on a review of the file between February 17 and April 17 2012 when the order should have been in the process of being complied with? This is, after all, the time span the plaintiff had asked for and was granted to set the action down for trial,” the judge said.
“Amazingly, Mr. Mazin’s affidavit is completely silent as to what explanation can be offered for the hibernation of this file for those sixty crucial days,” the judge said, “indeed hibernation would appear as a state of giddy hyperactivity beside the state of frozen in-animation displayed over the ensuing two years.”