Martine v. Griffiths

In a personal injury action, plaintiff appeals from an order of the Supreme Court, made in Ulster County, on July 29, 1971, but entered in Orange County on August 2, 1971, which denied his motion to vacate a prior order dismissing the complaint for failure to prosecute. Order reversed, without costs, and motion granted. This action was commenced in November, 1967 and issue was joined in February, 1968. Defendants sought certain income tax records and a further physical examination of plaintiff, and sent four letters to plaintiff’s attorney requesting same, the most recent being in February,…