Seager v. Ellis

Defendant moves to dismiss this action for lack of prosecution.

This action was commenced on September 7, 1956 by service of a summons alone. A notice of appearance including a demand for a complaint was served within 20 days thereafter. The complaint, alleging a cause of action for negligence, was not served until January 15, 1958 and only after a motion to dismiss for failure to serve a complaint had been made. On January 21, 1958 an answer was served and a demand made for a bill of particulars. The bill of particulars was not served until after a motion for preclusion had been conditionally…