Carven Associates v. American Home Assurance Corp.

Order, Supreme Court, New York County (Myriam Altman, J.), entered on or about May 25, 1990, which denied defendant American Home’s motion to dismiss the action as time barred, unanimously affirmed, without costs.

At issue on this appeal is whether the dismissal of a previous action, based upon the same events as the present action, constitutes a dismissal for failure to prosecute within the meaning of CPLR 205 (a). The prior action, for property damage arising out of the collapse of a crane, was dismissed on the ground that plaintiff had failed to properly answer interrogatories, or to comply…