Rubens v. STO Industries, Inc.

—Order, Supreme Court, Bronx County (Hansel McGee, J.), entered April 10, 1989, which granted defendants’ motions to dismiss the action for failure to prosecute pursuant to CPLR 3216, unanimously affirmed, without costs.

In this six-year-old action, arising from alleged defects in materials and workmanship in the application of insulating and protective finishes to plaintiffs’ house, plaintiffs have yet to comply with earlier discovery directives of the court, including a directive that they submit to depositions, in 1987 and 1988. The second such discovery directive was made in the course of…