General Accident Fire & Life Assurance Corp. v. North American Systems, Inc.

Appeal from an order of the Supreme Court (Teresi, J.), entered September 26, 1994 in Albany County, which denied a motion by defendants North American Systems, Inc. and Service Merchandise, Inc. to dismiss the complaint against them for want of prosecution.

Pursuant to CPLR 3216 (a), defendants North American Systems, Inc. and Service Merchandise, Inc. (hereinafter collectively referred to as defendants) sought to dismiss this action against them based upon a failure to file a note of issue within 90 days of demand. Noting that defendants served such demand *726on May 3, 1994 and that plaintiffs…