Politi v. Irvmar Realty Corp.

On plaintiff’s failure to pay costs awarded to defendant on a prior appeal, defendant moved to dismiss the complaint for failure to prosecute. The award of costs had been outstanding for six months at the time. Plaintiff contended that he was financially unable to pay the costs. This contention is not disputed. Special Term denied the motion on the ground that an additional period to raise the necessary funds should be accorded to plaintiff, and permitted the motion to be renewed in the event payment was not made within a time reasonable for this purpose. Plaintiff then moved to vacate the…