Diaz v. Caypinar

—In an action for medical malpractice to recover damages for personal injuries, etc., the defendant Errol Caypinar appeals from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated June 29, 1993, as denied that branch of his cross motion *376which was to dismiss the complaint insofar as asserted against him for failure to prosecute pursuant to CPLR 3216.

Ordered that the order is reversed insofar as appealed from, with costs, and the complaint is dismissed insofar as asserted against the defendant Errol Caypinar.

We find that the Supreme Court improvidently exercised its…