Santee v. Bort

Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied the motion of Robert Draper, individually and doing business as Charlie’s Tavern (defendant), to dismiss the complaint against him unconditionally pursuant to CPLR 3216. Plaintiffs presented proof that their failure to respond to defendant’s 90-day demand in a timely manner resulted from their change of attorneys after the demand was served and not from an intention to abandon the action (see, General Ace. Fire & Life Assur. Corp. v North Am. Sys., 216 AD2d 725, 726). Plaintiffs also made a sufficient showing…