Smallen v. Sherman Square Hotel Corp.

Order, entered on April 17, 1963, granting defendants’ motion to dismiss personal injury negligence action for failure to prosecute, unanimously affirmed, with costs to respondents. The accident occurred September 27,1959. Action was begun in March, 1960, and issue joined April 28,1960. The last activity occurred on February 2,1961 when the defendants completed the examination before trial of plaintiff. Plaintiff, an 85-year-old woman, slipped on a hotel lobby floor and broke her hip as a result, she claims, of loose plaster on the floor. She seeks recovery in the am mint, of $250,000. The…