Svendsen v. Sherman

— Order, Supreme Court, New York County (Kristin Booth Glen, J.), entered May 1, 1991, which, upon reargument, denied the defendant’s motion to dismiss the action for lack of prosecution on condition that plaintiffs’ counsel pay $3,500 to defendants’ counsel within 10 days of service of the order, unanimously affirmed, without costs.

Defendants offered no reason for their failure to settle an order to implement the January 22, 1990 memorandum of Justice Preminger within 60 days (22 NYCRR 202.48) and accordingly the first motion to dismiss for failure to prosecute should have been deemed…