Walfred Corp. V. Alb-Inn, Inc

In Walfred Corp. V. Alb-Inn, Inc. 178 AD2d 811 (3rd Dept. 1991) there were two named defendants who had passed away. One of the defendant's estates had been administered and wound up, and the other remained open due to insolvency. Many years had gone by before any action was taken to pursue the case. Supreme Court dismissed the complaint against the defendants which was affirmed by the Third Department. Given the passage of time as well as the fact that the Supreme Court had not been apprised as to the merits of the claim, the Third Department held that the lower court providently exercised it discretion in dismissing the complaint.