Cleary v. Starkweather

Appeals (1) from an order of the Supreme Court (Tait, Jr., J.), entered June 26, 1989 in Madison County, which, inter alia, granted third-party defendant’s motion to dismiss the complaint for failure to prosecute, and (2) from the judgment entered thereon.

Initially, we find no merit to plaintiffs’ contention that third-party defendant had no standing to bring a motion to dismiss plaintiffs’ complaint for failure to prosecute pursuant to CPLR 3216. CPLR 3216 (a) is not restrictive and, therefore, entitles any party interested in moving an action forward to make such a motion, including a…