Drescher v. Mirkus

Finch, J.:

The action was brought to recover damages for personal injuries sustained by plaintiff in June, 1921, through the alleged negligence of the defendant, by falling down a stairway in premises where she was employed.

The complaint alleged that the defendant was the owner of the premises and in control thereof. The verified answer of the defendant specifically admitted such ownership and control, denying only the charge of negligence.

The case was put on the calendar, and more than two years after joinder of issue and about a month before the case would be reached for trial, the defendant…