Stephan v. 163-13th Street Realty Corp.

In a personal injury action, the defendant appeals from an order of the Supreme Court, Nassau County, dated March 18, 1963, which denied its motion to dismiss the complaint for lack of prosecution. Order reversed, without costs; defendant’s motion granted and complaint dismissed, without costs. Under the circumstances here, it was an improvident exercise of discretion to deny the motion to dismiss the complaint. Kleinfeld, Acting P. J., Brennan, Hill, Rabin and Hopkins, JJ., concur.