Elsters v. Yudin

Plaintiffs failed to present any valid reason or excuse for their delay of more than 36 months after joinder of issue in bringing the cause on for trial. In the circumstances, it was an improper exercise of discretion to deny defendant’s motion to dismiss the action unconditionally for lack of prosecution (Johnson v. Moody's Investors Serv., 285 App. Div. 966; Brassner Mfg. Co. v. Consolidated Edison Co., 1 A D 2d 840; Hardware Mut. Cas. Co. v. Rosenberg, 3 A D 2d 988; Fischer v. Tushnett, 256 App. Div. 833; Birch v. Wolper, 1 A D 2d 1028; Trapani v. Samuels, 3 A D 2d 861; Rothman v.…