David Rodriguez et al., Respondents, v. Vincent Martinez et al., Individually and Doing Business as Imperial Center Restaurant and Martinez 733 Restaurant, Appellants

David Rodriguez et al., Respondents, v. Vincent Martinez et al., Individually and Doing Business as Imperial Center Restaurant and Martinez 733 Restaurant, Appellants. [MAJORITY] Order, entered March 22, 1963, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to the appellants, and the motion to dismiss for failure to prosecute granted, with $10 costs. In alleged explanation of a delay of 14 months in noticing this action for trial, the plaintiffs give as excuses an alleged difficulty in obtaining from the hospital information claimed to be needed to prepare a proper bill of particulars and the misplacing of the file in the dead files in their attorney’s office. These excuses are unacceptable. (See Sortino v. Fisher, 20 A D 2d 25.) Concur — Breitel, J. P., Rabin, Valente, McNally and Eager, JJ.