The defendants moved to dismiss the action for delay and discharge certificates of pending litigation.
The action, commenced in 2014, arose from an alleged oral trust agreement and wrongful eviction.
The original plaintiff lost capacity and passed away during a lengthy period of inactivity, and her evidence was never preserved.
The court found the delay to be inordinate, inexcusable, and highly prejudicial, as a fair trial was no longer possible without the deceased plaintiff's direct evidence.
The motion was granted, the action was dismissed, and the certificates of pending litigation were discharged.