Stein v. Goldberg

The defendant moves to dismiss the complaint ‘ ‘ because of the reasons cited in the said affidavit and because of the plaintiff’s flagrant failure to prosecute.”

According to the supporting affidavit, the plaintiff sustained personal injuries and property damage by reason of the alleged negligence of the defendant on January 14,1954. He commenced an action on February 23, 1954, and the cause was placed on the calendar on September 13,1954. Following many adjournments, when the case was reached for trial it was dismissed on the call of the calendar on January 22, 1960, and a judgment of…