Campbell v. New York City Transit Authority

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Sherman, J.), dated February 25, 2011, which denied its motion to dismiss the complaint for failure to prosecute based on the doctrine of laches, or, in the alternative, for summary judgment dismissing the complaint, or to strike the complaint pursuant to CFLR 3126.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied that branch of the defendant’s motion which was to dismiss the complaint for failure to prosecute based on the doctrine of…