Koriba, Inc. v. Porco

In a negligence action to recover damages for injury to property caused by fire, defendants appeal from an order of the Supreme Court, Orange County (Green, J.), dated October 24, 1984, which denied their motion to dismiss the complaint for failure to prosecute without prejudice to renewal.

Order reversed, as a matter of discretion, with costs, motion granted and complaint dismissed.

While courts have great flexibility in determining whether a delay in prosecuting an action is excusable, and while public policy favors the resolution of cases on the merits (see, Stark v Marine Power & Light Co.,…