Houck v. Golub Corp.

Appeal from an order of the Supreme Court (Hughes, J.), entered August 24,1994 in Albany County, which denied defendant’s motion to dismiss the complaint for failure to prosecute.

This appeal arises from Supreme Court’s denial of defendant’s motion to dismiss the complaint for plaintiffs’ failure to comply with a 90-day demand to file a note of issue (CPLR 3216). We affirm.

Supreme Court did not abuse its discretion in accepting plaintiffs’ proffered excuse of law office failure as there is no indication in the record that plaintiffs failed to diligently pursue this lawsuit or engaged in…