Jimenez v. Haros

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered January 12, 2006, which, inter alia, denied defendants’ motion to dismiss for failure to prosecute, and for plaintiffs’ noncompliance with a 90-day notice, and order, same court (Sallie Manzanet-Daniels, J.), entered on or about October 10, 2006, which denied, as untimely, defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants’ motion to dismiss for noncompliance with their 90-day notice, served after plaintiffs had filed a note of issue and certificate of readiness in…