Drucker v. Progressive Enterprises, Inc.

In an action, inter alia, *482to recover damages for forcible eviction and assault, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Delaney, J.), entered October 18, 1989, which granted the defendants’ motion to dismiss the action as abandoned pursuant to CPLR 3404.

Ordered that the order is reversed, as a matter of discretion, without costs or disbursements, and the motion is denied, on condition that the plaintiffs’ attorney personally pays $1,000 to the defendants within 20 days after service upon him of a copy of this decision and order, with notice of entry; in…