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FISHBEIN v. HERTZ CORP.

20 A.D.2d 708 (1964)

Louis Fishbein, Respondent, v. Hertz Corp., Appellant

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

February 3, 1964

Order reversed, without costs; motion to dismiss granted; and complaint dismissed, without costs.

In our opinion the proffered explanation by plaintiff's attorney that in the course of the removal of his office the file was misplaced, is insufficient to excuse the 52-month delay in the prosecution of the action (Burke v. City of New York, 18 A.D.2d 898 and cases there cited). In addition, the record discloses a complete absence...

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