LeCesse Bros. Contracting, Inc. v. Rochester Gas & Electric Corp.

— Order unanimously reversed, on the law and facts, with costs, and motion denied. Memorandum: Plaintiff and defendant (third-party plaintiff) appeal from an order of Special Term dismissing plaintiff’s complaint as against the third-party defendant on the grounds of neglect to prosecute (CPLR 3216). We reverse. H The threshold issue on this appeal is the question of law office failure. That plaintiff’s action has merit which is supported by the record is not seriously in dispute. At the time the instant matter came before the court, Special Term was constrained to grant the motion on the…