CAIN v. SMITH


79 A.D.2d 625 (1980)

William O. Cain, as Administrator, Respondent, v. Arturo Smith et al., Appellants

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

December 8, 1980


Order reversed, on the law, with $50 costs and disbursements, defendants' motion granted and plaintiff's cross motion denied.

The record reveals that since joinder of issue, no steps have been taken to prosecute this action except by way of defensive reaction to defendants' motions to dismiss. In particular, we note that defendants were not noticed for an examination before trial until five years after joinder of issue and while defendants' first motion to dismiss...

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