Nesladek v. United States Trucking Corp.

Orders so far as appealed from unanimously reversed in the exercise of discretion, with $20 costs and disbursements to appellant and the motion to dismiss the complaint for lack of prosecution is granted, with $10 costs, and judgment is directed to be entered in favor of the defendant dismissing the complaint, with costs. This case presents a history of a series of unexplained defaults and inexcusable delays. Concur — Peck, P. J., Breitel, Botein and Frank, JJ.