Fass v. Greenbaum

This is a motion by the defendant to dismiss the plaintiff’s complaint pursuant to section 181 of the Civil Practice Act and rule 156 of the Rules of Civil Practice for the plaintiff’s failure to diligently prosecute this action, and for the plaintiff’s failure to serve and file a note of issue during a period of more than three years since issue was joined in this action. The accident herein occurred September 2, 1954, and issue was joined on January 11, 1957. Should a note of issue be filed at this time, this ease would not be reached in regular order until 58 months hence. This is because…