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NIGRO v. CITY OF NEW YORK

3 A.D.2d 987 (1957)

Mary Nigro et al., Respondents, v. City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 4, 1957

On the facts shown we think the motion to dismiss this action for failure to prosecute should have been granted. Although the accident occurred in February, 1950, and suit was instituted in February, 1951, the note of issue was not filed until March, 1956, and then only after the motion to dismiss had been made. The belated filing does not excuse the past neglect (Giovannucci v. Brooklyn & Richmond Ferry Co., 278 App. Div. 861). No adequate excuse is given for...

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