The plaintiffs commenced an action for professional negligence and breach of contract arising from a commercial real estate transaction.
After two years, a status notice was issued, and the plaintiffs requested a status hearing to prevent the action from being dismissed for delay.
The defendants opposed the continuation of the action, arguing the plaintiffs failed to adequately explain the delay or demonstrate an absence of prejudice.
The Master reviewed the conflicting jurisprudence on status hearings and concluded that, while the delay was problematic, the plaintiffs provided a sufficient explanation and the defendants suffered no non-compensable prejudice.
The action was allowed to proceed subject to a strict timetable.
