Balaka v. Stork Restaurant, Inc.

In an action to recover damages for personal injuries, the appeal is from an order denying a motion to dismiss the complaint for lack of prosecution. Order reversed, with $10 costs and disbursements, and motion granted, without costs, with leave to respondent, if so advised, to move to vacate the dismissal and to restore the case to the calendar upon papers showing that the cause of action asserted in the complaint is meritorious and giving an adequate excuse for the long delay in bringing the action to trial, particularly for the period since October 10, 1955. The action was marked off the…