Ferrara v. N.Y. & Atlantic Railway Co.

*754In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Schulman, J.), dated July 12, 2004, which granted the separate motions of the defendant third-party plaintiff and the defendant second third-party plaintiff pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against them for failure to prosecute, and granted that branch of the motion of the third-party defendant second third-party defendant which was pursuant to CPLR 3216 to dismiss the complaint for failure to prosecute.

Ordered that the order…