Weppler v. Pretium Associates

—Order, Supreme Court, New York County (Leland De-Grasse, J.), entered October 30, 1996, which granted the motion of defendants Pretium Associates, East 86th Street Partners and Citadel Management, Inc. (defendants) and dismissed the complaint for failure to prosecute, unanimously reversed, on the law and the facts and in the exercise of discretion, without costs, and the complaint reinstated.

The complaint alleges that plaintiffs sustained property damage, personal injuries, loss of income and severe emotional distress as a result of water seepage into their apartment. The action was…