Amato v. Commack Union Free School District
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendant Commack Union Free School District appeals from an order of the Supreme Court, Suffolk County (Weber, J.), dated March 8, 2006, which denied its motion to dismiss the complaint insofar as asserted against it pursuant to CPLR 3216 for want of prosecution and pursuant to CPLR 3126 (a) (3) for failure to comply with a preliminary conference order.
Ordered that the order is affirmed, with costs.
The appellant served the plaintiffs with a 90-day notice to resume prosecution of the action pursuant to CPLR 3216. Once the 90-day…
2Cases cited19 opinions
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