Farber v. Broadco Holding Corp.

256 A.D. 833 | N.Y. App. Div. | 1939

Order denying, conditionally, defendant’s motion to dismiss the complaint for failure to prosecute reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, without costs. The delay of well over two years after joinder of issue, during which time the cause of action was not noticed for trial, with no reasonable excuse offered for the delay, requires dismissal. Lazansky, P. J., Hagarty, Davis, Adel and Taylor, JJ., concur.