Tracey v. McKenna

The defendants move for an order dismissing the complaint pursuant to rule 156 of the Rules of Civil Practice, because of the plaintiff’s failure to serve and file a note of issue for a term within six months after issue was joined.

This action is brought for money damages because of personal injuries received in “an accident which occurred on *1001November 12, 1956.” It was commenced March 23, 1957 and “ issue was joined by the service of an answer on January 22, 1959.” Over 18 months have elapsed since joinder of issue.

The plaintiff’s attorney’s affidavit states that “ during the spring of 1959 ”…