Ginsberg v. City of Long Beach

—In a negligence action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Morrison, J.), dated October 1, 1990, which granted the defendant’s motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint as barred by the Statute of Limitations.

Ordered that the order is affirmed, with costs.

The plaintiffs’ first action was dismissed after the Supreme Court determined that they had inexcusably delayed in complying with a prior order directing them to file a note of issue. Under these circumstances, the dismissal of the prior…