Kelly v. George Leary Construction Co. , 237 A.D. 834 ( 1932 )

Order reversed on the law and the facts, with ten dollars costs and disbursements, and defendant’s motion to dismiss the complaint for lack of prosecution granted, with ten dollars costs. In our opinion, the plaintiff’s failure to restore the cause to the trial calendar between March 10, 1926, and August 23, 1932, was unreasonable and without justification. Lazansky, P. J., Young, Carswell and Tompkins, JJ., concur; Scudder, J., not voting.