Bean Bros. v. Eckert

Appeal from an order of the Supreme Court at Special Term, entered August 10, 1976 in Broome County, which granted defendant bank’s motion to strike plaintiffs’ note of issue and dismiss the action for failure to prosecute. Plaintiffs commenced the action in September, 1973. The answer was served in October, 1973. In August, 1975 the defendant bank moved to dismiss the action for failure to state a cause of action and want of prosecution. The action of the individual plaintiffs was dismissed on the first ground but dismissal of the corporate action was denied because of defendant bank’s…