The defendant brought a motion to dismiss the plaintiff's action for inordinate and inexcusable delay and non-compliance with court orders.
The action, stemming from a 2011 motor vehicle accident, had seen significant periods of inactivity and the plaintiff failed to comply with discovery undertakings and production orders.
Despite the plaintiff finally retaining counsel, the court found no adequate explanation for the 10-year delay and that the plaintiff failed to discharge the burden of proving the defendant would not be prejudiced, especially in light of the recent Barbiero v. Pollack decision.
The motion to dismiss was granted.
