Walfred Corp. v. Alb-Inn Inc.

Appeal from an order of the Supreme Court (Cheese-man, J.), entered October 10, 1990 in Albany County, which dismissed the complaint against defendants Edward L. Fabian and E. David Rosen for lack of prosecution.

Plaintiff commenced this action against defendants Edward L. Fabian and E. David Rosen (hereinafter collectively referred to as defendants), among others, for injunctive relief and damages for the allegedly tortious discharge by artificial means of drainage water onto plaintiff’s property. Issue was joined in July 1978. Fabian had died three years earlier; *812Rosen died in 1982. In…