Sloane v. Kopp

Crew III, J. P.

Appeal from an order of the Supreme Court (Lang, Jr., J.), entered May 20, 1999 in Albany County, which granted defendants’ motion to dismiss the complaint for failure to prosecute.

Plaintiffs commenced this fraud and legal malpractice action in March 1996. After they were deposed in November 1997, plaintiffs sought no further discovery and, in November 1998, defendants served 90-day demands pursuant to CPLR 3216. In March 1999, after expiration of the 90-day period, plaintiffs’ counsel, citing health reasons, moved to be relieved as attorney of record and requested that…