Lasner v. Lefrak Organization, Inc.

Order denying the motion of defendant Lefrak Organization, Inc., to dismiss the complaint as to it for failure to prosecute unanimously reversed upon the law, with $10 costs and taxable disbursements, and motion granted. Respondents failed to present facts showing a reasonable excuse for the delay of 20 months after joinder of issue before noticing the case for trial. Counsel’s explanation that the delay was caused by a change of personnel in his office and misplacing of the file does not satisfy the requirements of section 181 of the Civil Practice Act and rule 156 of the Rules of Civil…