Popple v. Ellis Motor Co.
This text of 28 Misc. 2d 698 (Popple v. Ellis Motor Co.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Defendants move to dismiss the complaint because of plaintiff’s failure to diligently prosecute this action.
This action was commenced on December 11,1956 by service of a summons and complaint. Issue was joined on December 28, 1956. No note of issue has ever been served or filed by plaintiff. The calendar situation in Madison County is such that this action could have been reached for trial more than three years ago had it been diligently prosecuted.
No adequate excuse has been given for the delay nor has any affidavit of merits been submitted on plaintiff’s behalf. This action should be unconditionally dismissed. (See Seager v. Ellis, 26 Misc 2d 1091.)
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Cite This Page — Counsel Stack
28 Misc. 2d 698, 212 N.Y.S.2d 430, 1961 N.Y. Misc. LEXIS 3379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/popple-v-ellis-motor-co-nysupct-1961.