FLANS v. FED. INS. CO.


43 N.Y.2d 881 (1978)

Alan Flans et al., Respondents, v. Federal Insurance Company, Appellant.

Court of Appeals of the State of New York.

Decided February 9, 1978.


Attorney(s) appearing for the Case

Seale W. Tuttle for appellant.

Roy L. Featherstone for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

Order reversed, without costs, and motion to dismiss the complaint granted. Plaintiffs, having moved to Israel, failed to appear for an examination before trial and on the date set for trial. Under those circumstances, coupled with the protracted and repeated delays by plaintiffs, dismissal of the original, timely action was inferentially for "neglect to prosecute" within the meaning of CPLR 205 (subd [a]) (see...

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