Goldberg v. Tunstall

—In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Nassau County (McCarty, J.), entered July 25, 2001, which, in effect, denied their motion pursuant to CPLR 3216 to dismiss the complaint for lack of prosecution.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The Supreme Court’s certification order dated March 30, 2000, had the same effect as a duly served 90-day notice (see Doyle v South Nassau Communities Hosp., 270 AD2d 225). To avoid a default pursuant to…