Baczkowski v. D.A. Collins Construction Co.

Appeals from two orders of the Supreme Court (Caruso, J.), entered April 13, 1995, and August 9, 1995 in Schenectady County, which denied defendant’s motion to dismiss the complaint for failure to prosecute.

On July 27, 1994, nearly eight years after the occurrence forming the basis for plaintiffs claim and nearly five years after the commencement of this action, defendant served a demand pursuant to CPLR 3216 (b) (3) that plaintiff file a note of issue within 90 days. Plaintiff took no action within that 90-day period. In December 1994, defendant moved to dismiss the action on the ground,…