Grovey v. Gimbel Bros.

In an action to recover damages for negligence, the defendant appeals from an order of the Supreme Court, Queens County (Zelman, J.), dated December 4, 1987, which denied its motion to dismiss the action due to the plaintiff’s neglect to prosecute.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion is granted.

On July 9, 1987, more than one year after the joinder of issue, the defendant served upon the plaintiff a demand that she resume prosecution of the action. More than 90 days thereafter, the defendant made the instant motion to dismiss the action for…