Mariacher v. Gicewicz

Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court abused its discretion in denying defendant’s motion to dismiss plaintiffs complaint for lack of prosecution pursuant to CPLR 3216. Plaintiff contended that her efforts to schedule depositions, made on three occasions over a 31-month period, constituted justifiable excuse for her failure to file and to serve a note of issue. The record reveals, however, that plaintiff did not cooperate with defendant’s efforts to schedule depositions and that she never sought to strike…