Burridge v. Gaines

Order unanimously reversed on the law without costs, motion granted and complaint against defendant Rosalie P. Covial dismissed. Memorandum: Supreme Court erred in denying the motion of Rosalie P. Covial (defendant) to dismiss the complaint against her for failure to prosecute. In response to defendant’s demand pursuant to CPLR 3216, plaintiffs neither filed a note of issue within 90 days nor moved to vacate the 90-day demand or to extend the time within which to file a note of issue. Plaintiffs did not file responding papers in opposition to defendant’s motion and thus failed to demonstrate…