Cascio v. O'Daly

—In a medical malpractice action to recover damages for personal injuries, the defendants P.W. O’Daly and Terrence P.B. Payne appeal, as limited by their briefs, from so much of an order of the Supreme Court, Dutchess County (Jiudice, J.), entered March 21, 1994, as upon reargument adhered to its prior determination made in an order dated September 10, 1993, denying their separate motions to dismiss the complaint pursuant to CPLR 3216 for failure to prosecute.

Ordered that the order is reversed insofar as appealed from, *495on the law, with one bill of costs payable to the appellants appearing…