Lubin v. Country Town Cottages, Inc.

Appeal from an order of the Supreme Court, Sullivan County, dated February 13, 1964, which denied defendant’s motion to dismiss the complaint for lack of prosecution, on condition that the plaintiff file a note of issue and pay costs to date both within 20 days. The action is to recover *953damages for personal injuries sustained by the plaintiff in a fall on defendant’s premises on March 30, 1960. It was commenced on May 14, 1960 and issue was joined on May 25, 1960, when the defendant served its answer and demand for a bill of particulars. Nothing further was done until August 16, 1963, when…