Walker v. Gibbons

Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered October 8, 2013, which granted defendant Arthur Gibbons doing business as Gibbons Holding Company’s (Arthur Gibbons) motion and defendants Back to Jerusalem Pentecostal Mission and Lurena Felder Sutton’s cross motion to dismiss the complaint for failure to prosecute, unanimously reversed, on the law and the facts, without costs, and the motion and cross motion denied.

In this action for personal injuries, we are satisfied that plaintiff’s failure to file a note of issue within 90 days of defendant Arthur Gibbons’s CPLR 3216…