Diemer v. Eben Ezer Medical Associates

In an action, inter alia, to recover damages for medical malpractice, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Farga, J.), dated October 25, 2012, which granted the motion of the defendants Select Fhysicians, EC., and Daniel Reinharth pursuant to CFLR 3216 to dismiss the complaint insofar as asserted against them for failure to prosecute.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendants Select Fhysicians, EC., and Daniel Reinharth pursuant to CFLR 3216 to dismiss the complaint insofar as asserted against them is denied.