The defendants brought a motion to dismiss the action for delay, citing a 15-year period since the action was commenced.
The plaintiffs brought a cross-motion to place the action on the trial list.
The court found the delay to be inordinate and inexcusable, rejecting the plaintiffs' argument that the delay was due to settlement discussions.
However, the court dismissed the motion because the plaintiffs successfully rebutted the presumption of prejudice by showing that all documentary evidence was preserved and witnesses were available and had been previously examined.
The defendants failed to show actual prejudice.
The action was ordered to be placed on the trial list.
