Fergerson v. Fergerson

In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Queens County (Durante, J.), dated April 3, 1996, which denied his motion to dismiss the complaint pursuant to CPLR 3216 for failure to prosecute.

Ordered that the order is reversed, on the law, with costs, the defendant’s motion is granted, and the complaint is dismissed.

"CPLR 3216 'provides a party confronted with a less than diligent adversary with a means to expedite the prosecution of the action by serving upon him a written demand that he file a note of issue within 90 days, or, in…