Brown v. Weissberg

Defendant, in a personal injury negligence action, appeals from an order denying his motion to dismiss the action for failure to prosecute on the ground that “ plaintiff has failed to place this action upon the calendar of the Court for trial by serving and filing a note of issue.”

The order should be affirmed.

The accident occurred February 3, 1960. A prior action was brought against a wrong defendant and was terminated. The present action was begun July 4, 1962 and issue was joined July 18, 1962. There have been no examinations before trial and a physical examination was arranged only after…