Cooper v. Schnabolk

This is an appeal from a denial of a motion to dismiss the complaint for failure to prosecute. We think the motion should have been granted.

The complaint, verified in June, 1950, asserts a claim for commissions accruing in June or July, 1944. There was thus a six-year delay in instituting the action.

Issue was joined by service of an answer in August, 1950. No note of issue was filed, however, or other action taken to bring the case to trial until January, 1954, when a recently substituted attorney for the plaintiff served a notice of examination before trial. Defendants then moved to dismiss…