Organized Planning Co. v. Northeastern Life Insurance

Motion to dismiss for lack of prosecution. This action has been at issue for 21 months without the service and filing of a note of issue. The plaintiff has failed to submit an affidavit of merits in opposition to the motion. Under the circumstances, the court is constrained to grant the motion. (Moebus v. Tishman Co., 5 A D 2d 786; Brassner Mfg. Co. v. Consolidated Edison Co., 1 A D 2d 840; Fast v. Meenan Oil Co., 1 A D 2d 889; Giovannucci v. Brooklyn & Richmond Ferry Co., 278 App. Div. 861; Gallagher v. Clafington, Inc., 7 A D 2d 627; Threewits v. Almanzar, 11 A D 2d 981.) The fact that the…