Simmons v. Rockaway One Co.

—In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of Supreme Court, Queéns County (Schmidt, J.), dated May 31, 1997, as denied their motion to dismiss the action pursuant to CPLR 3216 for failure to prosecute.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendants duly served on the plaintiff a demand pursuant to CPLR 3216 that she file a note of issue within 90 days or suffer the dismissal of her complaint (see,…