Gonzalez v. County of Westchester

In an action to recover damages for personal injuries, etc., the defendant City of Yonkers appeals from so much of an order of the Supreme Court, Westchester County (Nicolai, J.), entered June 24, 2005, as denied that branch of its motion which was pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against it for failure to prosecute.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in denying that branch of the appellant’s motion which was pursuant to CPLR 3216 to dismiss the complaint insofar as…