Gellman v. Coulawtas

Order denying motion to dismiss an action for failure to prosecute, on conditions, reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, without costs. In our opinion, a delay of well over two years after joinder of issue, during which time a cause of action has not been noticed for trial, and without any excuse therefor, requires dismissal. Lazansky, P. J., Hagarty, Davis, Johnston and Close, JJ., concur.