Sharpe v. Osorio
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*468In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from (1) so much of an order of the Supreme Court, Kangs County (Kramer, J.), dated October 22, 2004, as denied that branch of their motion which was to dismiss the complaint pursuant to CPLR 3216 for want of prosecution, and (2) so much of an order of the same court dated December 10, 2004, as, upon renewal, in effect, adhered to the original determination.
Ordered that the order dated October 22, 2004, is reversed insofar as appealed from, on the law, the order dated December 10, 2004, is…
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