Groves v. City of Newburgh

—In an action to recover damages, inter alia, for assault and false arrest, the defendants appeal from an order of the Supreme Court, Orange County (Donovan, J.), dated November 25, 1985, which denied their motion to dismiss the complaint pursuant to CPLR 3216 for failure to prosecute.

Ordered that the order is reversed, on the law, with costs, *606the motion is granted, and the action is dismissed, with leave to the plaintiff, if he be so advised, to move to vacate the dismissal of the action upon proper papers, including his affidavit of merit.

The examinations before trial of all of the parties…