EVANS v. KOMPINSKI


28 A.D.2d 635 (1967)

Edward E. Evans, Respondent, v. Robert Kompinski et al., Appellants

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

May 11, 1967


Order unanimously reversed and motion denied, without costs.

Memorandum:

Plaintiff moved on March 24, 1966 to vacate the dismissal of his cause of action for failure to prosecute pursuant to CPLR 3404. The only explanation for the 22 months' delay in moving after the case was marked off the calendar was a change in clerical personnel in the office of plaintiff's counsel and resulting confusion in office administration...

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