STOCKER v. CITY OF NEW YORK


72 Misc.2d 63 (1972)

James Stocker, Plaintiff, v. City of New York et al., Defendants.

Civil Court of the City of New York, Special Term, New York County.

October 6, 1972


Attorney(s) appearing for the Case

Kaufman & Siegel for plaintiff. Troop, Goldfinger & Berson for P.A.L. Investing Co., Inc., defendant.


BEATRICE SHAINSWIT, J.

This is a motion to dismiss a complaint in a negligence action for failure of prosecution. The motion is based on plaintiff's omission, for more than a year, to enter a default judgment against the only one of four codefendants who failed to answer the complaint. The defaulting codefendant moves under CPLR 3215 (subd. [c]), which directs the relief sought "unless sufficient cause is shown why the complaint should not be dismissed...

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