Ofiara v. Nike, Inc.

Appeal from an order of the Supreme Court (Aulisi, J.), entered June 3, 2003 in Fulton County, which granted defendant’s motion to dismiss the complaint for want of prosecution.

Plaintiff commenced this action in November 1998 seeking to recover for injuries he purportedly sustained as the result of an alleged defect in a pair of Nike athletic shoes. Issue was joined in November 2000, at which time defendant also served various discovery demands upon plaintiff. Plaintiff thereafter failed to respond to defendant’s discovery demands and, by letter dated December 27, 2001, defendant demanded…