Patron v. 112 East 111th Street Corp.

Full title: LUCY PATRON, Respondent, v. 112 EAST 111TH STREET CORP., Appellant

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

Date published: Nov 9, 1961

14 A.D.2d 843 (N.Y. App. Div. 1961)

Opinion

November 9, 1961

Order, entered on June 2, 1961, denying defendant's motion to dismiss the complaint for failure to prosecute the action, unanimously reversed, on the facts and in the exercise of discretion, with $20 costs and disbursements to appellant, and the motion granted, with $10 costs. No satisfactory reason was offered to justify the delay of 27 months in prosecuting the action. This inordinate delay cannot be excused because of settlement discussion. (See Krell v. Pelham Syndicate, 14 A.D.2d 845, and cases cited therein.)

Concur — Botein, P.J., Valente, Stevens, Eager and Steuer, JJ.