Kellner v. Kener

This action -Was at issue in November, 1919. Thereafter it was on the equity calendars, with the exception of four terms in 1921 and 1922, down to the close of 1923. Since then it has not appeared. While the moving papers do not expressly state that later issues have been tried in their regular order, it does appear that the cause could have been tried at any time within six months after plaintiff chose to move. It Was permitted to slumber for six years. The existence of other litigation between the parties offers no excuse for the delay. The issues in this action were not involved in the…