Junk v. Moore

The plaintiff herein appeals from a judgment dismissing the complaint for failure to prosecute. The case had previously been marked “reserved generally” and had never been restored to the trial calendar although apparently the plaintiff’s attorney shortly before the motion to dismiss was made had attempted to make a motion for this purpose but had erroneously entitled his motion papers. Aside from any question of whether the court was justified in the exercise of a proper discretion in granting the motion to dismiss under such circumstances, I am of the opinion that the court erred because it…