Willner v. Mink Restaurant Co.

This is a motion to dismiss the complaint for want of prosecution. Issue was joined on October 18, 1905, and both parties noticed the action for trial for the term commencing the first Monday of November, 1905, for which term a note of issue had been filed by the plaintiff. The action remained on the calendar of this court until October, 1906, when it was not included in the new calendar then made up pursuant to the rule adopted by the justices of this court in June, 1906, which rule is as follows: “ Ordered that the Clerk of the City Court of the City of New York make a new calendar of the…