Pell v. Button

Order, Supreme Court, New York County, entered on December 19, 1973, unanimously reversed, on the law and in the exercise of discretion, and the motion of defendant-appellant to dismiss the complaint for lack of prosecution granted, without costs and without disbursements. After service of a bill of particulars in this malpractice case, nothing further was done by plaintiffs-respondents until defendant served a 45-day notice (CPLR 3216) almost two and one-half years later. It was received on August 21, 1973, but a note of issue was not filed until October 17, 1973, 57 days later. Meanwhile,…