Brender v. Bermas

In a negligence action to recover damages for personal injuries and loss of consortium, defendant Golder appeals from an order of the Supreme Court, Nassau County, dated July 26, 1968, which denied his motion for an order dismissing the action for failure to prosecute. Order reversed, without costs, on the law and the facts and in the exercise of discretion; motion granted unconditionally; and complaint dismissed. Plaintiffs failed to serve and file a note of issue notwithstanding the service upon them of a demand, pursuant to CPLR 3216, as amended, that they do so within 45 days. The excuse…