Sylvester v. New Water Street Corp.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Fartnow, J.), dated December 1, 2003, which denied their motion to “restore” the action to active status and for leave to file a note of issue, granted the separate motion of the defendant Flaza Construction Corp. pursuant to CFLR 3216 and 3126 to dismiss the complaint insofar as asserted against it for failure to prosecute, and, sua sponte, granted summary judgment to the defendant Flaza Construction Corp. dismissing the complaint insofar as asserted against it.