Klein v. City of New York

Full title: ALEX KLEIN et al., Respondents, v. CITY OF NEW YORK et al., Appellants

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 18, 1963

18 A.D.2d 1063 (N.Y. App. Div. 1963)

239 N.Y.S.2d 458

Opinion

April 18, 1963

Order, entered on October 13, 1961, denying motion to dismiss for lack of prosecution, unanimously reversed, on the law and the facts and as a matter of discretion, with $20 costs and disbursements to appellants, and the motions granted, with $10 costs. The action was at issue for 27 months and no steps were taken to place it on the calendar. Plaintiffs attempt to excuse this inordinate delay by a claim that they were awaiting a decision in the Court of Appeals. The decision referred to was in an unrelated case. Such a contention, even though credited, provides no excuse.

Concur — Breitel, J.P., McNally, Stevens, Eager and Steuer, JJ.