Mackay v. Bradley

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (Rubenfeld, J.), entered April 16, 1985, which denied her motion to vacate the plaintiff’s note of *516issue and certificate of readiness and to dismiss the complaint for failure to prosecute.

Order reversed, on the law, and in the exercise of discretion, without costs or disbursements, motion granted, and the complaint dismissed.

The plaintiff was allegedly injured in an automobile accident that occurred on May 16, 1979. This action was commenced on May 12,1982, just…