Ferrera v. Esposit

*638In an action to recover damages for breach of contract, the defendants Jean Esposit and Esposit L.E, appeal from an order of the Supreme Court, Suffolk County (Weber, J.), dated October 24, 2008, which denied their motion pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against them for failure to prosecute.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court did not improvidently exercise its discretion in denying the appellants’ motion pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against them. CPLR 3216 is an “extremely…