WERNICK v. LEO-MAC BUILDERS


31 Misc.2d 171 (1961)

Rebecca Wernick et al., Plaintiffs, v. Leo-Mac Builders, Inc., et al., Defendants. Leo-Mac Builders, Inc., Third-Party Plaintiff, v. Kazimierz Kiraga, Doing Business as K & K Contractors, Third-Party Defendant.

Supreme Court, Special Term, Kings County.

September 28, 1961


Attorney(s) appearing for the Case

Konheim & Halpern (Arnold A. Secunda of counsel), for Leo-Mac Builders, Inc., defendant. Arthur S. Bennett for plaintiffs.


BENJAMIN BRENNER, J.

Defendant Leo-Mac Builders, Inc. (hereinafter referred to as "Leo-Mac") moves to dismiss plaintiffs' complaint for failure to diligently prosecute an action for personal injuries.

Issue was joined as to defendant Leo-Mac on February 14, 1958 and as to defendant Kiraga on or about April 9, 1958. The latter defendant had moved to dismiss for failure to prosecute but notice of such...

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