Travelers Insurance v. Rabinowitz

This action was at issue on the complaint and answer on February 21, 1925. No notice of trial was ever served. *556The case was, therefore, on the general calendar of the court under rule 22 of the New York Municipal Court Rules. On November 12, 1925, the defendant moved under section 126 of the New York City Municipal Court Code for a dismissal of the action for neglect to prosecute the same. On November 18, 1925, the application not having been opposed was granted and “ complaint dismissed without prejudice for failure to prosecute,” and judgment directed accordingly. The defendant thereafter…