Fiorletti v. Kamin

In a medical malpractice action, defendant appeals from an order of the Supreme Court, Putnam County (Beisheim, J.), dated May 20, 1981, which denied his motion to dismiss the action pursuant to CPLR 3404, as abandoned, and pursuant to CPLR 3216 (subd [a]) for lack of prosecution, on condition that plaintiffs file a new statement of readiness and note of issue. Order reversed, on the law and in the exercise of discretion, with $50 costs and disbursements, and defendant’s motion is granted. The instant case, commenced in 1970, has a long history of procrastination and delay. It was marked off…