Quattrucci v. Turnbull — 144 N.Y.S. 1141

Majority

p. 1141

QUATTRUCCI v. TURNBULL et al.

(Supreme Court, Appellate Division, Second Department.

December 31, 1913.)

Headnote

Action by Eugenio Quattrucci against Katherine E. Turn-bull and another.

The explanation given by the plaintiff for failure to bring his action on for trial within the period of more than five years since issue was joined is not sufficient to excuse the delay, within the rule laid down in repeated decisions of this court. Order denying defendants’ motion to dismiss the complaint for failure to prosecute reasonably is reversed, with $10 costs and disbursements, and the motion granted, with $10 costs.

PUTNAM, J., not voting.