Stein v. Wainwright's Travel Service, Inc.

— Appeal from an order of the Supreme Court at Special Term (Pitt, J.), entered July 13,1982 in Albany County, which denied defendants’ motion to dismiss the complaint for failure to prosecute. The facts are simple and undisputed. This action was commenced by the service of a summons with notice upon defendants on August 22,1978. On September 19,1978, defendants served their answer with a counterclaim. Issue was joined with the service of plaintiffs’ reply on October 5, 1978. Almost three years later, specifically on September 24, 1981, defendants served a demand that plaintiffs serve and…