Jaeger v. Spina

—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Plaintiff commenced this action seeking damages for personal injuries allegedly sustained in an automobile accident. Defendant, Spina, commenced a third-party action seeking indemnity and contribution from the estate of the driver of the car in which plaintiff was a passenger. Third-party defendant, the Administrator of the driver’s estate, appeals from an order denying his motion to dismiss plaintiff’s complaint for failure to prosecute.

Contrary to the contention of plaintiff, a…