Kusner v. Municipal Housing Authority

In a negligence action to recover damages for personal injury, loss of services, etc., the defendant appeals from an order of the Supreme Court, Westchester County, dated October 29, 1963, which denied its motion to dismiss the complaint for lack of prosecution (CPLR 3216). Order reversed, without costs; motion granted and complaint dismissed. Issue was joined October 4, 1961, at which time a demand was made for a bill of particulars. The plaintiffs did not serve a bill of particulars, and nothing was done to place the action on the Trial Calendar until the motion to dismiss for lack of…