People v. Robert W. Smith Corp.

Rhodes, J

The action is brought against a road contractor and the surety on its bond, to recover the sum of $83,872.93, arising out of the failure of the contractor to complete and properly perform the work under the contract. The action was commenced January 25, 1924. In February, 1925, the venue was changed from Suffolk county to Albany county, and in April, 1925, there was a substitution of attorneys. After 1925 no note of issue or notice of trial was filed or served, until February 15, 1934, when a note of issue was served in behalf of plaintiff, and a notice of trial was served on…