McIntyre v. Branner

In this action to recover damages from the defendant dentist for alleged malpractice, issue was joined in May, 1922. In June, 1925, the defendant moved for an order dismissing the action for lack of prosecution under Civil .Practice Act, section 181, and rule 156 of the Rules of Civil Practice, upon an affidavit that no proceedings had been taken in the action since November, 1922, when the case was marked off the Trial Term calendar in the County Court.

The learned county judge denied the motion and directed that the plaintiff be allowed to restore the case to the October, 1925, calendar. The…