Agnellino v. Town of Tioga

Appeal from an order of the Supreme Court (Rumsey, J.), entered March 10, 2004 in Tioga County, which granted defendant’s motion to dismiss the complaint for failure to prosecute.

Plaintiff commenced this malicious prosecution action in July 2001 alleging that she was improperly charged with violating a local ordinance. Issue was joined in August 2001 and, following limited discovery, the parties’ depositions were scheduled for January 2003. After plaintiff’s counsel failed to examine defendant’s witnesses as agreed, defendant served plaintiff with a proper demand on January 31, 2003 requiring…