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MUT. FIRE, MARINE & INLAND INS. CO. v. PORT AUTH. OF NEW YORK & NEW JERSEY

200 A.D.2d 385 (1994)

608 N.Y.S.2d 81

Mutual Fire, Marine and Inland Insurance Co., as Subrogee of Complete Athlete, Inc., et al., Appellants, v. Port Authority of New York and New Jersey et al., Respondents Port Authority of New York and New Jersey, Third-Party Plaintiff-Respondent, v. National Cleaning Contractors, a Division of National Kinney Corp., Third-Party Defendant-Respondent

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

January 6, 1994

Plaintiffs failed to demonstrate a reasonable excuse for the delay in prosecuting this action and have thus failed to support their request to have the action restored to the trial calendar after it had been dismissed pursuant to CPLR 3404 (see, Todd Co. v Birnbaum, 182 A.D.2d 505, 505-506). Plaintiffs' excuses of "law office failure" and confusion concerning a prior order of liquidation and receivership of Mutual Fire, Marine...

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