Conner v. Brasserie, Inc.

—Order, Supreme Court, New York County (Burton S. Sherman, J.), entered April 15, 1987, which granted defendant’s motion pursuant to CPLR 3216 to dismiss the complaint for plaintiff’s failure to prosecute, unanimously reversed, on the law and the facts and in the exercise of discretion, and the motion is denied, without costs.

In light of the strong policy favoring disposition of actions on their merits (see, e.g., Collado v Quinones, 52 AD2d 534, 535), plaintiff’s service, in response to defendant’s 90-day notice, of the note of issue with statement of readiness one day late, coupled with the…