Strasser v. Prudential Securities Inc.

Order, Supreme Court, New York County (Richard Lowe, III, J.), entered December 16, 2002, which denied plaintiffs’ motion to compel discovery and, sua sponte, dismissed the action on grounds of abandonment, unanimously reversed, on the law, with costs, the matter restored to the calendar and remanded for de novo consideration of plaintiffs’ motion to compel discovery.

This action was commenced in 1992, dismissed in its entirety on the merits in 1993, and, on appeal to this Court, the dismissal was upheld in 1995, except as to a fraud claim which was reinstated (218 AD2d 526 [1995]). Our…