Rooney v. Bieber

Appeal (transferred to this court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Benson, J.), entered September 28, 1990 in Dutchess County, which granted defendants’ motion to dismiss the complaint for failure to prosecute.

On January 23, 1989 plaintiffs’ note of issue and statement of readiness in this dental malpractice action was ordered stricken when their counsel was unable to proceed to trial. A court order permitted plaintiffs to refile without payment of additional fees and, although plaintiffs’ counsel was so advised by the court clerk, he…