24 A.D.2d 435 | N.Y. App. Div. | 1965
Order, entered November 5, 1964, unanimously reversed, on the law, on the facts, and in the exercise of discretion, with $30 costs and disbursements to defendant-appellant and plaintiff’s motion to vacate dismissal of the action and to restore the cause to the calendar denied, with $10 costs. The inordinate delay in the prosecution of this action is unexplainable. The action was brought to recover for personal injuries allegedly sustained in an automobile accident occurring in June, 1956. The action was dismissed as to this plaintiff in November, 1961, but the dismissal was vacated by the court on plaintiff’s motion and the action restored to the calendar in November, 1962. Later, when the cause was reached for trial in March, 1963, it was marked off the calendar for lack of appearance on behalf of the plaintiff. But in April, 1963, upon the request of plaintiff’s then newly retained attorney, defendant’s attorney stipulated to restore the case and it was so ordered by the court. Then, when the cause was again reached for trial on May 28, 1963, no one appeared for plaintiff, and the matter was further adjourned. Finally, when it appeared on the Trial Calendar on October 8,1963, no one answered for plaintiff and the action was again dismissed. The motion to vacate such dismissal, resulting in the order appealed from, was not made until 10 months
