Hamilton v. Dudley

Order unanimously reversed and motion granted, without costs. Memorandum: The inordinate delay in the prosecution of this action requires the granting of the motion to dismiss. A mere recitation of the time table impels us to this determination. The accident occurred on October 31, 1959 and summons were served on December 13, 1959. Defendants promptly served notice of retainer and demand for the complaint. Nothing was done by plaintiff and defendants moved to dismiss on April 18, 1961. Plaintiff then served her complaint on April 21, 1961, as a result of which the motion was marked “ off ”.…