Sannella v. Plainview Fire Department

In an action to recover damages for personal injuries, etc., the third-party defendant County of Nassau, and the defendant third-party plaintiff Plainview Fire Department separately appeal from an order of the Supreme Court, Nassau County (Christ, J.), dated June 2, 1987, which denied the third-party defendant’s motion, which was joined in by the defendant third-party plaintiff, for an order pursuant to CPLR 3404 dismissing the action for failure to prosecute.

Ordered that the order is affirmed, without costs or disbursements.

We agree with the decision of the Supreme Court to restore this…