Jansen's Bottled Gas Service, Inc. v. Warren Petroleum Corp.

Defendant moves to dismiss the complaint in this action for failure to diligently prosecute same pursuant to CPLR 3216 and for summary judgment under CPLR 3212.

This action was commenced on January 15, 1964. Following a conditional order of dismissal for failure to serve a complaint, the required pleading was served on July 17, 1964. Issue was joined on July 30, 1964. Defendant served a demand for a bill of particulars dated September 24, 1964 and upon plaintiff’s failure to comply, a motion for a preclusion order followed and resulted in a conditional order allowing service of a bill of…