Calderon v. Steele

In a negligence action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Queens County, dated August 23, 1972, which denied his motion to dismiss the action for unreasonable neglect in its prosecution. Order affirmed, on condition that plaintiff’s attorney, personally pay $250 to defendant within 20 days after entry of the order to be made hereon. Other than the said $250, no costs or disbursements are awarded. Special Term incorrectly held that defendant showed acquiescence in plaintiff’s delay, by filing a jury demand subsequent1 to the latter’s…