Martinez v. Belanger

Order, Supreme Court, Bronx County (Hansel McGee, J.), entered on or about March 19, 1991, which granted defendant’s motion pursuant to CPLR 3216 to dismiss the action for failure to prosecute, affirmed, without costs.

The record shows numerous instances of depositions adjourned at plaintiffs’ request over a four-year period leading up to defendants’ service of a 90-day demand. After the demand was served, plaintiffs responded to several outstanding discovery requests, but did not file a note of issue or take any other steps to place the action on the calendar. While it is true, as plaintiffs…