Fichera v. City of New York

In a negligence action to recover damages for personal injuries, defendant Waxman Management Corp. appeals from an order of the Supreme Court, Kings County, dated October 24, 1979, which denied its motion pursuant to CPLR 3216 to dismiss the action for want of prosecution. Order reversed, on the law, without costs or disbursements, the motion of defendant Waxman Management Corp. is granted, and the complaint is dismissed as against said defendant. On April 19, 1979, almost three years after joinder of issue, defendant Waxman Management Corp. served plaintiff’s attorney *598with a 90-day “demand”…