Travelers Indemnity Co. v. Central Trust Co.

Order unanimously reversed, with costs; motion to restore the case to the Trial Calendar denied and cross motion to dismiss the action for nonprosecution granted. Memorandum: Less than three weeks before one year would have expired from the time this action had been moved from the Trial Calendar to the general docket plaintiff brought on this motion to restore the case to the Trial Calendar. Defendant thereupon cross-moved for dismissal of the action for nonprosecution under CPLR 3216. It was an improvident exercise of discretion for Special Term to grant restoration and to deny dismissal.…