Austin v. County of Madison

Appeal from an order of the Supreme Court (Tait, Jr., J.), entered December 13, 1989 in Madison County, which conditionally denied defendant’s motion to dismiss the complaint for failure to prosecute.

This action was commenced on January 14, 1985 and issue was joined on February 28, 1985. On April 15, 1988, defendant served a 90-day demand pursuant to CPLR 3216 (b) (3). During the remaining portion of 1988, examinations before trial were conducted, updated medical reports were exchanged and defendant served first and second amended answers. On May 5, 1989, defendant served a further 90-day…