Vitale v. Bartlucci

Motion is made pursuant to section 181 of the Civil Practice Act to dismiss the complaint for failure to prosecute an action for an injunction to remove a chain link fence which allegedly encroaches on plaintiff’s land, and for money damages.

The action is in equity and was commenced on June 11, 1953. Issue was joined on October 24, 1953, and if expeditiously noticed for trial, could have been disposed of in 1953 or early in 1954. Note of issue was, however, filed three and one-half years later for the March, 1957 Term, just prior to the present application to dismiss, served on February 15,…