Rodriguez v. Middle Atlantic Auto Leasing, Inc.

Carro and Wallach, JJ.,

dissent in a memorandum by Wallach, J., as follows: Preliminarily, it should be noted that neither the date of the accident nor the date on which the action was commenced (the action was commenced in 1977 for personal injuries sustained by the infant plaintiff in 1968) is of any significance in deciding whether the action should be deemed abandoned and dismissed pursuant to CPLR 3404 (General Staple Co. v Amtronics, Inc., 81 AD2d 877). The only pertinent dates herein are: May 3, 1984, when the action was marked off the Trial Calendar for nonreadiness on plaintiffs’…