Hopewell Excavation, Inc. v. Barrister Associates II

Appeal (transferred to this court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Beisner, J.), entered February 7, 1990 in Dutchess County, which, inter alia, granted a motion by defendants Barrister Associates II and Rapid Construction, Inc. to dismiss the complaint for failure to prosecute.

*888This action was commenced on February 19, 1987 and issue was joined in April 1987. On June 8, 1989, Supreme Court caused a notice pursuant to CPLR 3216 (b) (3) to be served upon plaintiff, demanding that a note of issue be filed and providing that, upon default…