National Union Fire Insurance Co. of Pittsburgh v. Mirman

—Order, Supreme Court, New York County (Diane Lebedeff, J.), entered October 22, 1998, granting defendant’s CPLR 3404 motion dismissing the complaint for neglect to prosecute, and pursuant to CPLR 3126 for noncompliance with a discovery order, unanimously reversed, on the law, the facts, and in the exercise of discretion, without costs, the complaint reinstated and the matter remanded for further proceedings.

Plaintiff sued to recover for defendant’s alleged default in an installment payment in connection with promissory notes executed in favor of a third-party promisee, and guaranteed by…