Thompson v. Thompson

Lawrence, J.,

dissents and votes to affirm the order appealed from, in a memorandum in which Rubin, J., concurs. In my view, Special Term properly dismissed the action for divorce commenced in August, 1972, as abandoned. Although neither party had sought a discontinuance (CPLR 3217, subd [a]) and defendant never sought a dismissal for lack of prosecution (CPLR 3216), I cannot agree with my learned colleagues that “[tjhere was absolutely no indication of any intent on plaintiff’s part to abandon the 1972 action during the nine-year interval”. In or about July, 1981, plaintiff commenced a second…