The plaintiff commenced an action against the defendant security company after allegedly being struck by a bouncer.
At a status hearing, the defendant requested that the action be dismissed for delay.
The court found that the plaintiff provided an acceptable explanation for the delay, which was largely caused by the defendant's desire to locate a third party before scheduling examinations for discovery.
The court also found that the defendant would not suffer non-compensable prejudice if the action proceeded.
The request to dismiss the action was denied, a timetable was set, and costs were awarded to the plaintiff.
