Appellate Division of the Supreme Court of New York, 1964

Rodriguez v. Martinez

Rodriguez v. Martinez
Appellate Division of the Supreme Court of New York · Decided January 30, 1964
20 A.D.2d 632; 246 N.Y.S.2d 267; 1964 N.Y. App. Div. LEXIS 4484
Rodriguez v. Martinez

Opinion of the Court

Order, entered March 22, 1963, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to the appellants, and the motion to dismiss *633for failure to prosecute granted, with $10 costs. In alleged explanation of a delay of 14 months in noticing this action for trial, the plaintiffs give as excuses an alleged difficulty in obtaining from the hospital information claimed to be needed to prepare a proper bill of particulars and the misplacing of the file in the dead files in their attorney’s office. These excuses are unacceptable. (See Sortino v. Fisher, 20 A D 2d 25.) Concur — Breitel, J. P., Rabin, Valente, McNally and Eager, JJ.

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