Wing v. Chammas

In a negligence action to recover damages for personal injuries, defendants appeal from an order of the Supreme Court, Kings County, dated December 19,1979, which, upon defendants’ motion to dismiss the complaint pursuant to CPLR 3216 for want of prosecution, granted plaintiff 45 days to file a note of issue. Order reversed, on the law, with $50 costs and disbursements, motion granted, and complaint dismissed. Plaintiff commenced this action on September25,1976 and issue was joined on December 10,1976 by service of an answer by defendant Samir Chammas and on March 9,1977 by service of an…