Builtland Partners v. Coordinated Metals, Inc.

Order, Supreme Court, New York County (Elliott Wilk, J.), entered January 9, 1990, which denied defendant’s motion to dismiss the complaint based on failure to prosecute pursuant to CPLR 3216, unanimously affirmed, without costs.

Plaintiffs commenced this action alleging that they are the owners of a certain bronze revolving door and the ancillary trim material which were delivered to and accepted by defendant. They argued that defendant’s failure to return the property after demand constituted a breach of bailment and defendant’s failure to safeguard the property constituted negligence, to…