Kennedy v. Weil-McLain Co. of New York, Inc.

Order unanimously reversed, with costs, and motion denied. Memorandum: Defendant appeals from an order vacating a prior order dismissing plaintiff’s complaint as abandoned (CPLR 3404). Plaintiff seeks damages resulting from the cracking of a boiler purchased in 1961. The cause of action for breach of warranty arose on November 19, 1969. The proceedings were commenced on May 7, 1971 and issue was joined on August 16, 1971. The bill of particulars was served on December 20, 1971 and a note of issue was filed with the clerk the same day. The case was placed on the general docket on April 18,…